IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 30255 of 2010(F) -------------------------- PETITIONER(S): --------------- ALPHONSA CYRIAC, MANAGING PARTNER, M/S.SONYA MEDICALS, VYTTILA, KOCHIN-19. BY ADV. SRI.JOMY GEORGE SRI.M.J.BENNY SRI.SEBASTIAN THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE ASSISTANT DRUGS CONTROLLER AND LICENSING AUTHORITY, OFFICE OF ASSISTANT DRUGS CONTROLLER, KAKKANADU, KOCHIN, PIN-682030. 3. THE DRUG INSPECTOR-III, OFFICE OF THE ASSISTANT DRUGS CONTROLLER, KAKKANADU, KOCHIN, PIN-682030. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.30255 OF 2010(F) -------------------------------------------------- Dated this the Ist day of October, 2010 J U D G M E N T Petitioner is the Managing Partner of Sony Medicals, Vyttila. By Ext.P4 order passed by the 2nd respondent, for the irregularities mentioned therein, the licence of the petitioner was ordered to be suspended for 5 days. According to the counsel although Ext.P4 order is dated 22.7.2010 the order was served on the petitioner on 29.9.2010 at 5 'O' clock and suspension was implemented only from 30.9.2010. It is stated that immediately on service, on 30th itself, petitioner sent Ext.P5 appeal to the first respondent enclosing a copy of Ext.P6, a stay petition seeking stay of implementation of Ext.P4 order of suspension. In this writ petition, petitioner seeks a direction for expeditious consideration of the appeal and for a further direction to keep Ext.P4 in abeyance in the meanwhile. 2. If as stated by the petitioner order was served only on 29.9.2010 and as affected party has a right to file an appeal within 90 days I feel it is only appropriate that petitioner should be allowed to pursue the remedy before further implementation WPC.No. 30255/2010 :2 : of Ext.P4. Therefore, I dispose of this writ petition with the following directions. 3. The first respondent is directed to dispose of Ext.P5 appeal with notice to the petitioner, as expeditiously as possible and at any rate within 3 moths from the date of receipt of a copy of the judgmnet. In the meanwhile, the first respondent shall consider Ext.P6 stay Petition filed by the petitioner. Orders thereon shall be passed as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of this judgment. Till orders are passed on Ext.P6, further proceedings pursuant to Ext.P4 order of suspension shall be kept in abeyance. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 30255/2010 :3 :