IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 W.A.No. 1790 of 2009() -------------------------- AGAINT THE JUDGEMENT IN WPC.20714.2009 Dated 24/07/2009 ...................... APPELLANT(S): PETITIONER ----------------------------------------- A.N.MOHANAKURUP, PROPRIETOR, POONAM MEDICALS, MANNATH LANE, THRICHUR-680 001. BY SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.P.DEEPAK RESPONDENT(S): RESPONDENTS: ------------------------------------------------ 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DRUGS CONTROLLER AND LICENSING AUTHORITY, THIRUVANANTHAPURAM. 3. ASSISTANT DRUGS CONTROLLER, THRISSUR. ADDL. RESPONDENTS: 4. M/S.VINAYAKA MEDICALS, CANARA STREET, PALAKKAD-1, REPRESENTED BY ITS MANAGING PARTNER P.K.KRISHNAN. 5. M/S.KUMAR DRUG HOUSE, H.P.O.ROAD, PALAKKAD -1, REPRESENTED BY ITS MANAGING PARTNER. 6. SOBHA MEDICALS, R.S.ROAD, PALAKKAD, REPRESENTED BY ITS MANAGING PARTNER. 7. MATHA MEDICALS, T.B.ROAD, PALAKKAD, REPRESENTED BY ITS MANAGING PARTNER. W.A.1790/09 - 2 - 8. SATHYA PHARMA, CHURCH CIRCLE, THRISSUR-1, REPRESENTED BY ITS MANAGING PARTNER. 9. SANJEEVANI DRUGS, X/546, 1ST FLOOR, ANCHERY COMPLEX, PALLIKULAM ROAD,THRISSUR-680 001, REPRESENTED BY ITS MANAGING PARTNER. (ADDITIONAL RESPONDENTS ARE IMPLEADED AS PER ORDER DT.6.10.09 IN I.A.960/09) R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL. R4 TO R9 BY ADV. SRI.K.JAJU BABU. SRI.A.HAROON RASHEED. THIS WRITAPPEAL HAVING BEEN FINALLY HEARD ON 27/01/2010 ALONG WITH WPC NO.24240 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, Ag.C.J. & Thottathil B.Radhakrishnan, J. = = = = = = = = = = = = = = = = = = = = = = = = W.A.1790 of 2009 & W.P.(C).24240 of 2009-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of January, 2010. JUDGMENT Kurian Joseph, Ag.C.J. 1.The writ petitioners have approached this Court aggrieved by the order passed by the Drugs Controller dated 25th June, 2009. As per the said order, the licence granted to the petitioners to run medical shops was cancelled. The learned single Judge though adverted to some of the contentions advanced by the learned counsel appearing for the petitioner in WP(C)20714/2009, disposed of the said writ petition in view of the submission of the learned Government Pleader that the petitioner has alternate remedies before the Government. Thus, the said writ petitioner was related to pursue the alternate remedies. Hence, WA1790/09 & WPC24240/09 -: 2 :- the writ appeal. 2.The learned senior counsel appearing for the petitioners inviting our attention to the history behind the case, submits that the appellate exercise will be in futility since according to the learned senior counsel, the Government had taken a stand to harass the petitioners for the reason that they are the office bearers of AKCDA. It is further contended that the impugned action is taken at the instance of a rival organisation which is controlled by some of the ruling political parties. But the fact remains that the Drugs Controller has adverted to the merits of the case and has passed an order holding that in view of the charges levelled against the petitioners, their licence is liable to be cancelled. Since all allegations are those involved on facts, we do not think that even if the allegation raised in the writ petitions and WA1790/09 & WPC24240/09 -: 3 :- pointed out by the learned senior counsel as above is on malafides, we will not be justified in interfering with the findings of facts. True, the learned senior counsel made an attempt to establish that even the factual findings are patently wrong and such findings have been entered only on the dictate of the Government. In the above circumstances, we dispose of the writ appeal and the writ petition as follows: In the event of the writ petitioners pursuing their remedy before the appellate authority within one month from today, the matter shall be considered by the appellate authority with an open mind. The appellate authority shall refer to the contentions taken by the writ petitioners. Thereafter, the appellate authority will pass appropriate orders in accordance with law. Till such orders are passed and communicated to the writ WA1790/09 & WPC24240/09 -: 4 :- petitioners, the interim order passed by this court in these cases will continue. Sd/- Kurian Joseph, Ag.Chief Justice Sd/- Thottathil B.Radhakrishnan, Judge. Sha/2701