IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 29504 of 2010(K) --------------------------------------- PETITIONER(S): ------------------------ MODERN PHARMACEUTICALS PRIVATE LTD., PB NO.22, TIRUR-67610, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, P.PADMANABHAN. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AGRICULTURE AND ANIMAL HUSBANDRY DEPARTMENT. TRIVANDRUM-1 2. DIRECTORATE OF ANIMAL HUSBANDRY, VIKAS BHAVAN, TRIVANDRUM. * ADDL.3 IMPLEADED * ADDL.3: THE DRUGS CONTROLLER, PUBLIC HEALTH LABORATORY, THIRUVANANTHAPURAM- 695 035. IS IMPLEADED AS PER ORDER DATED 22/12/2010 IN I.A.NO.17674/2010 R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO.29504/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SUPPLY ORDER NO.G3/8588/05-1/AHD DATED 15/3/2005. P2 COPY OF THE SUPPLY ORDER NO.G3-7770/05-1/AHD DATED 10/03/2005. P3 COPY OF THE SUPPLY ORDER NO.G3-6130/06-1/AHD DATED 29/03/2006. P4 COPY OF THE SUPPLY ORDER G3-10489/07-1/AHD DATED 30/3/2007. P5 COPY OF THE SUPPLY ORDER NO.G3/10100/08-1/AHD DATED 29/3/2008. P6 COPY OF THE SUPPLY ORDER NO.G3-9583/09-1/AHD DATED 28/3/2009. P7 COPY OF THE SUPPLY ORDER NO.G3-38382/09/AHD DATED 10/12/2009. P8 COPY OF THE LETTER DATED 21/12/2009 ISSUED TO THE PETITIONER. P9 COPY OF THE INDIVIDUAL BONDS EXECUTED BY THE PETITIONER AS DIRECTED BY THE RESPONDENTS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ------------------------- W.P (C) No.29504 of 2010 -------------------------- Dated this the 20th January, 2011 J U D G M E N T Petitioner supplied medicines to the 2nd respondent during the period from 2005 to 2009. Although 75% of the amounts due have been disbursed, balance 25% was not disbursed to them. It is stated in Ext.P8 issued by the 2nd respondent that for want of test reports from the Drugs Controller, a proposal was submitted to the Government for releasing the balance 25% payment due to the petitioner. Petitioner was also asked to submit a security bond for advance payment of 25%. Accordingly petitioner submitted Ext.P9 bond in the format supplied by the 2nd respondent. In spite of Ext.P9, payment was not made and therefore the writ petition was filed. 2. When the writ petition came up for orders before this Court on 17.12.2010, the respondents contended that reports from the Drugs Controller are still awaited and therefore payments cannot be disbursed. Thereupon, the Drugs Controller was impleaded in this W.P (C) No.29504 of 2010 2 writ petition as an additional respondent. 3. Along with I.A No. 940 of 2011, petitioner has also produced Ext.P10 communication dated 13.1.2011 issued by the Drugs Controller which says that 13 reports have been submitted to the 2nd respondent during the period from 30.10.2006 to 29.7.2008. That apart, the learned Government Pleader has produced before me a communication dated 5.1.2011 issued by the Drugs Controller to the Advocate General which says that there is no test reports pending in his Department. Therefore the the Drugs Controller has already given his report and the statement in Ext.P8 and the submission made before this Court that reports are awaited, are factually incorrect. 4. Since the reports of the Drugs Controller have been received, there cannot be any further impediment in disbursing the balance 25% of the amount due to the petitioner. Therefore, I direct that on production of a copy of this judgment along with a copy of the writ petition, the 2nd respondent will ensure that balance 25% amount due to the petitioner is disbursed , as W.P (C) No.29504 of 2010 3 expeditiously as possible, at any rate within six weeks thereafter. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge