IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29924 of 2009(I) ------------------------------------- PETITIONER: ------------------- SRI.M.K.PREM, S/O.KAMALASANAN, PROPRIETOR, M/S.SABARI PHARMASEUTICALS, BHARANIKAVU, PUNALUR, KOLLAM DISTRICT. BY ADVS. MR.S.SREEKUMAR, MR.P.MARTIN JOSE, MR.S.VAIDYANATHAN, MR.P.PRIJITH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DRUGS CONTROLLER, OFFICE OF DRUGS CONTROLLER, THIRUVANANTHAPURAM-35. 3. LEELA KAMALASANAN, W/O.LATE KAMALASANAN, KAMALAYAM HOUSE, BHARANI KAVU, PUNALUR VILLAGE, PATHANAPURAM TALUK. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 29924 of 2009 - I ---------------------------------------- Dated 22nd October, 2009 Judgment Heard Sri.S.Sreekumar, the learned counsel appearing for the petitoiner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear the third respondent. 2. The petitioner had a licence issued under the Drugs and Cosmetics Act, 1940 to manufacture and sell ayurvedic medicines. The said licence was cancelled by the Drugs Controller (Indian Systems of Medicine), Thiruvananthapuram by Ext.P10 order dated 8.7.2009 for the reason that the land owner of the building where the medicines were being manufactured who is none other than the petitioner's mother refused to extend the permission given by her to put the building belonging to her to the said use. Aggrieved thereby, the petitioner has filed Ext.P11 appeal before the Additional Chief Secretary to Government, Department of Health and W.P.(C) No.29924/2009 2 Family Welfare under rule 84A of the Drugs and Cosmetics Rules, 1945, In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the first respondent to consider Ext.P11 appeal and pass orders thereon expeditiously. 3. Rule 84A of the Drugs and Cosmetics Rules entitles the petitioner to challenge Ext.P10 order by which the licence issued to him has been cancelled. In such circumstances, as the petitioner has invoked the appellate remedy available to him under Drugs and Cosmetics Rules, the Government should consider Ext.P11 appeal and pass orders thereon expeditiously. I accordingly dispose of this writ petition with a direction to the respondents to consider Ext.P11 appeal and pass orders thereon expeditiously and, in any event, within two months from the date on which the petitioner produces a certified copy of this judgment after notice to and affording the petitioner and the third respondent a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa