IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 29532 of 2010(N) ---------------------------------------- PETITIONER(S): -------------------------- PONNAMMA.K.K., PROPRIETOR & LICENSEE, M/S. POONAM ASSOCIATES, MANNATH LANE, TRICHUR DISTRICT. BY SRI.P.RAVINDRAN, SENIOR ADVOCATE BY ADV. SMT.APARNA RAJAN SRI.P.DEEPAK RESPONDENT(S): -------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. DRUGS CONTROLLER AND LICENSING AUTHORITY, THIRUVANANTHAPURAM-695 001. 3. ASSISTANT DRUGS CONTROLLER, THRISSUR-698 001. *ADDL.R4 TO R8 IMPLEADED *R4: M/S. VINAYAKA MEDICALS, CANARA STREET, PALAKKAD-1, REPRESENTED BY ITS MANAGING PARTNER P.K.KRISHNAN. *R5: SOBHA MEDICALS, R.S.ROAD, PALAKKAD, REPRESENTED BY ITS MANAGING PARTNER. *R6: PALAKKAD MEDI-SALES, KANDATH COMPLEX, COURT ROAD, PALAKKAD-678 001, REPRESENTED BY ITS MANAGING PARTNER. *R7: MATHA MEDICALS, T.B.ROAD, PALAKKAD REPRESENTED BY ITS MANAGING PARTNER. *R8: CADAS MEDICALS, VELIYANNUR ROAD, KOKKALAI, THRISSUR-680 021, REPRESENTED BY ITS MANAGING PARTNER. * ADDL.RESPONDENTS R4 TO R8 ARE IMPLEADED IN WPC NO.29532/10 AS PER ORDER DATED 03/11/2010 IN IA NO.15145/10. R1 TO R3 BY GOVERNMENT PLEADER SRI.GEORGE VADAKKEL R4 TO R8 BY ADV. SRI.K.JAJU BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, ALONG WITH WPC NO. 28669 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.29532/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LICENCE GRANTED TO THE PETITIONER IS VALID TILL 22/5/2010. P2 COPY OF THE APPLICATION FOR RENEWAL WITH COVERING LETTER DATED 21/5/10. P3 COPY OF THE ORDER CANCELLING THE LICENCE DATED 8/2/2008. P4 COPY OF THE ORDER DATED 22/5/08 P5 COPY OF THE JUDGEMENT IN WP(C)NO.16015/08 DATED 6/4/2009. P6 COPY OF THE ORDER DATED 25/6/09 P7 COPY OF THE JUDGEMENT IN WP(C)NO.20714/09 DATED 24/7/09 P8 COPY OF THE JUDGEMENT IN W.A.NO.1790/09 DATED 27/1/10. P9 COPY OF THE APPEAL DATED 25/2/10. P10 COPY OF THE NOTICE DATED 29/3/10. P11 COPY OF THE REQUEST ALONG WITH THE MEDICAL CERTIFICATE DATED 16/4/10. P12 COPY OF THE POSTAL RECEIPT EVIDENCING MAILING OF REQUEST DATED 16/4/10. P13 COPY OF THE ORDER REJECTING THE APPEAL DATED 31/8/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J ....................................................... W.P.(C).29532 & 28669/2010 .............................................. Dated this the 19th day of September, 2011 JUDGMENT The order under challenge in these writ petitions is G.O.(Rt) No.3399/2010/H&FWD Dated 31.8.2010, whereby appeals filed by the petitioners under the Drugs and Cosmetic Act and Rules were rejected without hearing them. 2. A statement has been filed which is identically worded. In paragraph 2 of the statement in W.P.(C).29532/2010, it has been stated thus:- “In the writ petition, the petitioner has inter alia contended that the impugned order was passed without granting an adjournment for hearing as requested in Ext.P11 and without giving her an opportunity of hearing. It is submitted that the Government is willing to withdraw Ext.P13 Government Order so as to hear the petitioner and to pass fresh orders.” 3. From the above, it is obvious that the Government itself have accepted the contentions of the petitioners and expressed their W.P.(C).29532 & 28669/10 2 willingness to withdraw the impugned orders in order to pass fresh orders in the matter, after hearing the petitioners. 4. In the above view of the matter, the writ petitions are disposed of quashing the Government Order referred to above, which has been produced as Ext.P13 in W.P.(C).29532/2010 and Ext.P12 in W.P.(C).28669/2010. First respondent is directed to issue notice to the petitioners and pass fresh orders after hearing them. This shall be done as expeditiously as possible. ANTONY DOMINIC, Judge mrcs