IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 33826 of 2011(C) -------------------------------------- PETITIONER : -------------------- SURESH KUMAR, PROPRIETOR, M/S.KAIRALI MEDICALS, VMC.887 B, MAITHANAM, VARKALA P.O., THIRUVANANTHAPURAM BY ADV. SRI.P.R.VENKETESH RESPONDENTS : ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. ASSISTANT DRUGS CONTROLLER, OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM 695 001. BY SENIOR GOVERNMENT PLEADER SMT. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 33826 of 2011(C) APPENDIX PETITIONER'S EXHIBITS : EXT.P-1 COPY OF THE LICENCE DATED 17.05.2007 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P-2 COPY OF THE NOTICE DATED 13.10.2011 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P-3 COPY OF THE ORDER DATED 09.11.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P-4 COPY OF THE INTERIM ORDER DATED 13.11.2008 IN WPC NO.33457/2008 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE DSV/- ANTONY DOMINIC, J ....................................................... W.P.(C).33826/2011 .............................................. Dated this the 21st day of December, 2011 JUDGMENT Challenge in the writ petition is against Ext.P3, an order passed by the second respondent suspending the licence of the petitioner under the Drugs and Cosmetics Rules, (in short 'the Rules'), for a period of three days. Ext.P3 order is appealable under Rule 66(2) of the Rules. Therefore, I dispose of this writ petition leaving it open to the petitioner to file an appeal before the Drugs Controller. In order to enable the petitioner to file an appeal before the appellate authority as above, it is directed that subject to the filing of the appeal within ten days from today, Ext.P3 order will be kept in abeyance for a period of two months, so that the petitioner can seek appropriate orders from the appellate authority. ANTONY DOMINIC, Judge mrcs