IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 20314 of 2008(R) -------------------------------------- PETITIONER: ------------------- VARIETY PHARMACEUTICALS PVT. LTD, POST BOX NO.12 INDUSTRIAL ESTATE, SHORNNUR, REP. BY T.P.BALAKRISHNAN, MANAGING DIRECTOR. BY MR.P.SANTHALINGAM, SENIOR ADVOCATE, SMT.P.USHAKUMARI. RESPONDENTS: ------------------------ 1. THE CHAIRPERSON, CENTRAL PURCHASE COMMITTEE, DIRECTORATE OF HEALTH SERVICES,RED CROSS ROAD, THIRUVANANTHAPURAM -37 2. DIRECTORATE OF HEALTH SERVICES, O/O.THE DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20314/2008-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO.MS.P2-300/2005/DHS/(CPC) DTD. 22/1/2005 ISSUED BY THE CHAIRMAN, CENTRAL PURCHASE COMMITTEE TO THE ALL DIRECTOR PURCHASING OFFICERS. EXT.P.2: COPY OF THE LETTER NO. MS.P2-300/2005/DHS/(CPC) DTD. 15/10/2005 ISSUED BY THE CHAIRPERSON, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM TO THE ALL DIRECTOR PURCHASING OFFICERS. EXT.P.3: COPY OF THE LETTR DTD 02/02/2005 ISSUED BY THE PETITIONER COMPANY TO TO THE CHAIRMAN, CENTRAL PURCHASE COMMITTEE. EXT.P.3.A: COPY OF THE LETTER NO. VP/15/DC DTD. 21/02/2005 ISSUED BY THE PETITIONER COMPANY TO THE DRUGS CONTROLLER, THIRUVANANTHAPURAM. EXT.P.3.B: COPY OF THE LETTER NO. VP/15/DC DT.D 31/03/2005 ISSUED BY THE PETITIONER COMPANY TO THE DRUGS CONTROLLER, THIRUVANANTHAPURAM. EXT.P.3.C: COPY OF THE LETTER NO. VP/15/DC DTD. 20/04/2005 ISSUED BY THE PETITIONER COMPANY TO THE R.1. EXT.P.4: COPY OF THE LETTER NO.VP/15/DC DTD. 20/08/2005 ISSUED BY THE PETITIONER COMPANY TO THE R.1. EXT.P.5: COPY OF THE LETTER NO. P 6182/2005/DC DTD. 19/05/2006 ISSUED BY THE DRUGS CONTROLLER, THIRUVANANTHAPURAM TO THE PETITIONER COMPANY. EXT.P.6: COPY OF THE LETTER NO. VP/15/DC DTD. 20/02/2006 ISSUED BY THE PETITIONER COMPANY TO THE R.1. EXT.P.7: COPY OF THE LETTER NO.VP/15/DC DTD. 22/08/2006 ISSUED BY THE PETITIONER COMPANY TO THE R.1. EXT.P.8: COPY OF THE REMAINDER NO.VP/CPC/15/DC DTD. 05/02/2007 ISSUED BY THE PETITIONER COMPANY TO THE R.1. EXT.P.9: COPY OF THE LAWYERS NOTICE DT.D 05/06/2007 ISSUED BY THE ADVOCATE, P. SANTHALINGAM TO THE R1. EXT.P.10: COPY OF THE REPLY DTD. 21/08/2007 ISSUED BY THE R.1. TO THE ADVOCATE P. SANTHALINGAM. EXT.P.11: COPY OF THE COVERING LETTER NO. VP/15/OPC/DTD. 18/10/2007 ISSUED BY THE PETITIONER COMPANY TO THE R.1. TOGETHER WITH STATEMENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.20314 OF 2008 ------------------------------------------- Dated this the 2nd day of February, 2010 JUDGMENT The petitioner states that it has supplied Paracetamol Tablets to the Government for use in the health sector and that the amounts due to the petitioner are not released. Learned Government Pleader states that there is considerable complaint regarding the quality of the material supplied and in so far as the claim relates to batches of medicines where there are no complaints, the payments would be made. It is directed that all undisputed amounts shall be released within one month from the date of receipt of a copy of this judgment. It is clarified that this judgment will not stand in the way of the petitioner seeking further relief by adjudication of disputes on questions of facts before competent courts. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.04/02.