IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 30747 of 2003(I) -------------------------- PETITIONER(S): --------------- MOHAMMED SAKEER P.E., AGED 40 YEARS, S/O. EASA KHAN, PUTHEN PARAMBIL, ERATTUPETTA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, THIRUVANANTHAPURAM. 2. DRUGS CONTROLLER, OFFICE OF DRUGS CONTROLLER, THIRUVANANTHAPURAM-35. GOVERNMENT PLEADER SRI.P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE CIRCULAR NO. L-1 6963/2002/DC DATED 20.12.2002 OF THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN WA NO. 1428/2003 DATED 27.8.2003 EXT.P3 TRUE COPY OF THE APPLICATION DATED 8.12.2003 FILED BY THE PETITIONER. EXT.P4 TRUE COPY OF THE CHALAN RECEIPT DATED 5.12.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 30747 OF 2003 -------------------------------------------- Dated this the 3rd day of June, 2009 JUDGMENT W.P.C. was filed in 2003 challenging a circular issued by the Drugs Controller imposing restrictions and conditions for the issue of retail business for drugs sale. I do not think there is any scope for considering the merit of the case because it is not known whether circular is still in force or whether any modified circular is issued or norms are framed. In any case, WPC is closed leaving freedom to the petitioner to approach the concerned authority for licence if eligible and if any unreasonable restriction stands in his way, he is free to approach this Court. (C.N. RAMACHANDRAN NAIR) Judge kk 2