IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11278 of 2009(D) -------------------------- PETITIONER(S): --------------- K.T.PAULY, PROPRIETOR, M/S.THOMSON MEDICALS, 1/697, HOSPITAL ROAD, MALA P.O., THRISSUR (DISTRICT). BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. THE ASSISTANT DRUGS CONTROLLER, THRISSUR. 2. THE DRUGS INSPECTOR, OFFICE OF THE ASSISTANT DRUGS CONTROLLER, THRISSUR. MS.M.R.SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.11278 of 2009 --------------------------------- Dated, this the 7th day of April, 2009 J U D G M E N T Grievance in the writ petition mainly is in relation to Ext.P5, an order dated 12/11/2008, served on the petitioner on 03/04/2009, suspending his drugs licence for 3 days with immediate effect. The main contention raised by the petitioner was that if suspension is implemented forthwith, his right of appeal as provided under Rule 66 of the Drugs and Cosmetics Rules is virtually rendered ineffective. 2. When the matter came up for admission on 03/04/2009, this Court directed that the order be kept in abeyance and also directed the learned Government Pleader to obtain instructions in the matter. The Government Pleader has obtained instructions and also has been heard. 3. Admittedly, the petitioner has a right of appeal against Ext.P5 and therefore, he should have been given a breathing time to avail of the said appellate remedy. This has not been done, as Ext.P5 was served on the petitioner on 03/04/2009 and the same was sought to be implemented with immediate effect. WP(C) No.11278/2009 -2- 4. Taking into account the above, I dispose of the writ petition with the following directions:- That it will be open to the petitioner to file his appeal against Ext.P5, within 30 days from today and if an appeal is filed as above, it is directed that until the disposal of the appeal, further proceedings pursuant to Ext.P5 will be kept in abeyance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg