IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 10956 of 2010(T) -------------------------- PETITIONER(S): --------------------- LAILA MOHAMMEDKUTTY, (MANAGING PARTNER & LICENSEE), M/S.M.K.MEDICALS, XV/211, R.S.ROAD, TANA, IRINAJALAKUDA, THRISSUR, REPRESENTED BY P/A HOLDER, IBRAHIM,AGED 67,ENGINEER, S/O.MOHAMMED KATTILAPEEDIKAYIL HOUSE, P.O.KATTOOR, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------ 1. THE ASSISTANT DRUG CONTROLLER AND LICENSING AUTHORITY, OFFICE OF THE ASSISTANT DRUG CONTROLLER, THRISSUR. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 10956 OF 2010 (T) ===================== Dated this the 31st day of March, 2010 J U D G M E N T Petitioner is the managing partner and licensee of M/s.M.K.Medicals, Irinjalakuda. 2. The medical shop was inspected by the Drugs Inspector. Thereafter, pointing out the irregularities, Ext.P1 notice was issued, which was replied by Ext.P2. The matter was considered and by Ext.P3, the 1st respondent suspended the licence of the petitioner for 15 days. According to the petitioner, although Ext.P3 is dated 24/12/2009, the order was served on her only in March, 2010 and that immediately thereupon the shop has been closed in compliance with Ext.P3. 3. Petitioner thereafter filed Ext.P6 appeal before the 2nd respondent under Rule 66(2) of the Drugs and Cosmetics Rules, 1945. The appeal is pending and in this writ petition, petitioner seeks an order for the expeditious disposal of Ext.P6 appeal and in the meanwhile, a direction to keep Ext.P3 in abeyance is also sought for. 4. Admittedly petitioner has a right of appeal as provided WPC No. 10956/2010 :2 : under Rule 66(2) of the Drugs and Cosmetics Rules, 1945. Since the appeal is a statutory one, the appellate authority is bound to consider the appeal in accordance with law. In the meantime, I feel it is only appropriate that Ext.P3 shall be kept in abeyance as otherwise no useful purpose will be served by the appeal. 5. In view of the above, the writ petition is disposed of with the following directions: (1) That the 2nd respondent-the appellate authority shall consider and pass orders on Ext.P6 appeal with notice to the petitioner. This shall be done, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. (2) It is directed that in the meantime, Ext.P3 will be kept in abeyance. (3) Petitioner shall produce a copy of this judgment before respondents 1 and 2 for compliance. ANTONY DOMINIC, JUDGE Rp