IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 2984 of 2009(E) ------------------------------------ PETITIONER(S): -------------------- 1. M/S VYSALI PHARMACEUTICALS LTD., REGISTERED AND ADMINISTRATIVE OFFICE, KANANTHODATHU ROAD, EDAPPALLY, KOCHI 682 004, REPRESENTED BY ITS MANAGING DIRECTOR, DR. A.D. KRISHNAN 2. VYSALI PHARMACEUTICALS LTD., EMPLOYEES, ASSOICATION, DATHALA, REPRESENTED BY ITS PRESIDENT N.K. MOHANDAS, 3. VYSALI PHARMACEUTICALS LTD., EMPLOYEES UNION (CITU), EDATHALA, REPRESENTED BY ITS VICE PRESIDENT, MR. B. KUTTIKRISHNAN 4. K. SURESH, MANAGER (ADMINISTRATION), VYSALI PHARMACEUTICALS LTD., KANNANTHODATHU ROAD, EDAPPALLY, KOCHI 682 004, (REPRESENTATIVE OF OFFICER AND STAFF-ADMN). 5. SELIN CHARLES, SR. MANAGER (COMPANY AFFAIRS), VYSALI PHARMACEUTICALS LTD., KANNANTHODATHU ROAD, EDAPPALLY, KOCHI 682 004, (REPRESENTATIVE OF OFFICERS AND STAFF-ADMN). BY ADV. SRI.V.RAMACHANDRAN SMT.K.K.VIMALA RESPONDENT(S): ----------------------- 1. THE DRUGS CONTROLLER AND LICENSING AUTHORITY OFFICE OF THE DRUGS CONTROLLER RED CROSS ROAD, THIRUVANANTHAPURAM 37. 2. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY SECRETARY, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 2984 OF 2009 (E) ==================== Dated this the 9th day of February, 2009 J U D G M E N T The main prayers in this writ petition are the following: i) to issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 1st respondent to act in accordance with the provisions in the D&C Act and the Rules thereunder on Exts. P3, P8 and P9 and renew the 1st petitioner's licences applied therefor. ii) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to issue to the 1st petitioner all other connected ancillary certifications and licences for export as are required to be issued as a sequel to the manufacturing and selling licence along with the renewal of the existing valid licences. 2. 1st petitioner is a company and by Ext.P3 application he sought renewal of licence under the Drugs and Cosmetics Act and the Rules to manufacture for sale or for distribution of drugs specified in Schedule C and C(1) excluding those specified in Part XB and Schedule X. Ext.P8 application is for renewal of licence to manufacture for sale of distribution of drugs other than those specified in C and C(1) and XB. Similarly, Ext.P9 is another application made by the petitioner for renewal of manufacturing licence for sale or for distribution of drugs, specified in Schedule C and C WPC 2984/09 :2 : (1) excluding those specified in Part XB and Schedule X. 3. According to the 1st petitioner, though these applications were made long ago, the 1st respondent has not passed orders thereon, as a result of which they are not in a position to honour their export commitments as the importing countries need production of these licences. 4. In view of the submission made by the learned counsel for the petitioner about the pendency of these applications, the learned Government Pleader was directed to obtain instructions from the 1st respondent about the status of these applications. 5. On instructions, today it has been submitted that the applications have been received and are pending before the 1st respondent. 6. In view of the admitted position that the applications are pending and as the counsel for the petitioners has explained the prejudices that has been caused to them, I direct the 1st respondent to pass necessary orders on Exts.P3, P8 and P9 applications for renewal of their licences. In view of the urgency pointed out, I direct that orders shall be passed within 10 days of production of a copy of this judgment. Depending WPC 2984/09 :3 : upon the orders so passed, I also direct that the 1st respondent shall issue connected ancillary certifications and licences that enable the 1st petitioner to export their products to their customers abroad. 7. 1st petitioner may produce a copy of this judgment before the 1st respondent, who shall pass orders as directed above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp