IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 23102 of 2011(K) -------------------------- PETITIONER(S): ---------------------- G.ANILKUMAR, AGED 50, S/O LATE R.GOVINDANNAIR, PROPRIETOR, ASHA MEDIAL SUPPLIES, T.C.O.39/2193 (2), ATTAKULANGARA, TRIVANDRUM, MANACAUD VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.T.A.ABDUL RASHEED SRI.K.H.ASHARAF RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, TRIVANDRUM 695001. 2. THE ASST DRUGS CONTROLLER AND LICENCING AUTHORITY, O/O THE ASST DRUGS CONTROLLER, TRIVANDRUM 695 001. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23102/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOSTAT COPY OF THE NOTICE DT 16.5.11 BY THE 2ND RESPONDENT. EXT.P2: TRUE PHOTOSTAT COPY OF DETAILED OBJECTION WAS GIVEN ON 14.7.11 BY THE PETITIONER. EXT.P3: TRUE PHOTOSTAT COPY of THE ORDER DT 10.8.11 SERVED ON 22.8.2011. EXT.P4: TRUE PHOTOSTAT COPY OF THE APPEAL DT 19.8.2011. EXT.P5: TRUE PHOTOSTAT COPY OF THE JUDGMENT DT 4.2.2005 IN WA NO.247/2005 ON THE FILES OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23102 OF 2011 ===================== Dated this the 24th day of August, 2011 J U D G M E N T Petitioner is a licencee under the Drugs and Cosmetics Act and the Rules. Pursuant to an inspection, show cause notice was issued and considering the reply, Ext.P3 order was issued by the 2nd respondent suspending the licence of the petitioner for a period of 5 days of service of the order. Petitioner submits that the order was served on him on 22/8/11 at 5.00 p.m., and that, on the next day itself, he has filed Ext.P4 appeal before the 1st respondent invoking the appellate power under Rule 67(H) of the Drugs and Cosmetics Rules, 1945. Appeal has not been disposed of. It is in the meanwhile, the writ petition has been filed seeking expeditious disposal of the appeal and to direct that Ext.P3 order be kept in abeyance in the meanwhile. 2. I heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents. 3. Evidently Ext.P4 appeal filed by the petitioner is a statutory one and orders are to be passed by the appellate authority. In the meanwhile, if Ext.P3 order is implemented, the WPC No. 23102/11 :2 : whole purpose of the appeal itself will get frustrated. 4. Therefore, I dispose of this writ petition with the following directions:- (1) That the Appellate Authority, the 1st respondent, shall dispose of Ext.P4 appeal with notice to the petitioner and as expeditiously as possible at any rate within 3 months of production of a copy of this judgment. (2) It is directed that until orders are passed on Ext.P4 appeal as above, Ext.P3 order issued by the 2nd respondent will be kept in abeyance. (3) Petitioner to produce a copy of this judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. ANTONY DOMINIC, JUDGE Rp