IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 29234 of 2011(D) ------------------------ PETITIONER : --------------------- K.C.MOLLYKUTTY, CHIEF GOVERNMENT ANALYST, DRUGS TESTING LABORATORY, DRUGS CONTROL DEPARTMENT, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM BY ADVS. SRI. KRB. KAIMAL, SENIOR ADVOCATE SRI. B. UNNIKRISHNA KAIMAL SRI. V. MADHUSUDHANAN M. SRI. T. ISSAC RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT ,THIRUVANANTHAPURAM 695 001 2. C.S.SATHEESHKUMAR, DEPUTY DRUGS CONTROLLER, OFFICE OF THE DRUGS CONTROLLER, RED CROSS ROAD, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM 695 035 R1 BY GOVT. PLEADER SRI. JOE KALLIATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 29234 of 2011(D) APPENDIX PETITIONERS' EXHIBITS : EXT.P1 TRUE COPY OF THE GOVERNMENT ORDER G.O(RT.) NO.4314/2007/H&FWD DATED 27-12-2007 EXT.P2 TRUE COPY OF THE ORDER G.O(RT.) NO.2753/2008/H&FWD DATED 12-08-2008 ISSUED BY THE 1ST RESPONDENT. EXT.P3TRUE COPY OF THE ORDER G.O(RT.) NO.943/2010/H& FWD DATED 17-3-2010 ISSUED BY THE 1ST RESPONDENT. EXT.P4TRUE COPY OF THE KERALA DRUGS CONTROL SERVICES RULES 2007 ISSUED IN GO(P) NO.157/07/H & FWD DATED 3-7-2007 PUBLISHED IN KERALA GAZETTE EXTRA ORDINARY DATED 9-7-2007 EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 22-08-2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P6 TRUE COPY OF THE ORDER DATED 25-5-2010 OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, THIRUVANANTHAPURAM IN CRL.MP NO.585/10 EXT.P7TRUE COPY OF THE JUDGMENT DATED 31-08-2011 OF THIS HON'BLE COURT IN WP(C) 23189/11 EXT.P8TRUE COPY OF THE ORDER DATED 29-09-2011 OF THIS HON'BLE COURT IN WP(C) NO.24776/2011 EXT.P9TRUE COPY OF THE ORDER G.O(RT.) NO.3772/2011/H & FWD DATED 27-10-2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn K.SURENDRA MOHAN, J = = = = = = = = = = = = WP(C).No.29234 of 2011. = = = = = = = = = = = = Dated this the 20th December, 2011. J U D G M E N T The Govt.Pleader, on instructions, submits that the Government have passed an order on 16.12.2011 granting full additional charge of the Drugs Controller to the second respondent in this case, who is also the petitioner in WP(C). Nos.24776/2011 and 30919/2011. 2. In view of the above, the counsel for the petitioner submits that this writ petition may be dismissed without prejudice to the right of the petitioner to challenge the Government Order in appropriate proceedings. 3. This writ petition is accordingly dismissed without prejudice to the right of the petitioner. K.SURENDRA MOHAN, (Judge) Kvs/-