IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 OP.No. 12440 of 2000(E) ----------------------- PETITIONER(S): --------------- COCHIN CO-OPERATIVE HOSPITAL SOCIETY LTD GANDHI NAGAR, COCHIN REPRESENTED BY ITS SECRETARY, SRI.M.M.ABDUL RAHIMAN, I.P.S.(RETD.). BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH, PARLIAMENT HOUSE, NEW DELHI. 3. THE DRUGS CONTROLLER, TRIVANDRUM. 4. ASSISTANT DRUGS CONTROLLER, CENTRAL ZONE, ERNAKULAM, KOCHI-30. ADV. SRI.MURALEEDHARA KAIMAL, ADDL.CGSC SRI.S.R.AJITH, ADDL.CGSC FOR R.2 GOVT. PLEADER SHRI.MUHAMMED HASHIM THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.12440/2000 APPENDIX PETITIONER'S EXHIBITS; P1. COPY OF THE LIST OF DOCTORS WORKING IN THE PETITIONER HOSPITAL. P2. COPY OF THE CERTIFICATE ISSUED BY THE PHARMACY COUNCIL OF KERALA TO THE PHARMACISTS. P3. COPY OF THE -DO- P4. COPY OF THE -DO- P5. COPY OF THE LETTER DTD.5.1.2000. P6. COPY OF THE ORDER DTD.7.2.2000 OF THE ACADEMY. P7. COPY OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DTD.25.3.2000. P8. COPY OF THE LETTER DTD.NIL FROM RMO TO R4. P9. COPY OF THE LETTER DTD.30.3.2000 BY R4. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 12440 of 2000 ================== Dated this the 7th day of September, 2009 J U D G M E N T The petitioner is a co-operative society which runs a hospital. According to the petitioner, the main shareholder of the society is the Government. The petitioner is aggrieved by Ext.P9 communication from the Assistant Drugs Controller, Ernakulam, wherein considering the application filed by the petitioner for exemption from taking out drug licence under the Drugs and Cosmetics Act, 1940, the petitioner was informed that such exemption is available only to Government hospitals. 2. The petitioner's contention is that since the hospitals run by Government and Local Self Government Institutions are exempted from taking out drug licence, hospitals run by co-operative societies should also be similarly exempted. The petitioner submits that as per Clause 5A of Schedule K of the Drugs and Cosmetics Rules, 1945, the petitioner is entitled to such exemption. 3. Originally, by judgment dated 21.2.2007, a learned Single Judge of this Court relegated to the petitioner to the remedy by way of approaching the Government for clarification regarding their eligibility for exemption. The petitioner filed a writ appeal against that judgment, which was dismissed with liberty to the petitioner to seek review of that judgment. The petitioner, therefore, filed Review Petition 2 No.677/2007, which was allowed and the judgment was recalled. It is pursuant thereto, this original petition comes up for hearing. 4. After hearing, I am of opinion that since even according to the petitioner, the Government is the main shareholder of the society, the Government should be interested in upholding the rights of the petitioner, if any, under law. The Assistant Drugs Controller, who has issued Ext.P9, is under the control of the Government. That being so, there cannot be a more appropriate authority than the Government to decide the question appropriately in the first instance. Accordingly, I dispose of this writ petition as follows: If the petitioner files an appropriate petition before the 1st respondent within six weeks from today, the 1st respondent shall duly consider the claim of the petitioner for exemption and pass appropriate orders in that regard, which shall be communicated to the 4th respondent who shall act on the basis of the directions of the Government in that regard. I leave open all contentions of the petitioner to be urged before the Government. Till the Government passes orders as directed above, the interim order passed in this original petition shall continue to be in force. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3 S.SIRI JAGAN, J. ================== O.P.No. 12440 of 2000-E ================== J U D G M E N T 7th September, 2009