Unnikannan vs State Of Kerala

Kerala High Court

Unnikannan vs State Of Kerala on 20 May, 2024

Author: P Gopinath

Bench: P Gopinath

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
          THE HONOURABLE MR. JUSTICE GOPINATH P.
  MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                 WP(C) NO. 14883 OF 2024
PETITIONER/S:

    1    UNNIKANNAN
         AGED 64 YEARS
         S/O BALAKRISHNAN NAIR, KARTHIKA MEDICALS,
         MELEMURI, PALAKKAD, RESIDING AT "SREE SIVOHAM",
         EDATHARA, PALAKKAD, PIN - 678611

    2    VINOD
         AGED 52 YEARS
         S/O K. RAMAKRISHNAN, METRO MEDICALS,
         KALMANDAPAM, PALAKKAD, RESIDING AT "SANKALPAM",
         S.B.I. COLONY, KUNNATHURMED, PALAKKAD, PIN -
         678013

    3    KRISHNADAS
         AGED 49 YEARS
         S/O BALACHANDRAN NAIR, VADAKKUMPAAD MEDICALS,
         KERALASSERI, PALAKKAD, RESIDING AT
         "VADAKKUMPAD", KERALASSERY POST, PALAKKAD, PIN -
         678641

    4    P.DILEEPKUMAR
         AGED 45 YEARS
         S/O K. VELAYUDHAN NAIR, V.J. PHARMA, 11/463,
         HARIKKARA STREET, PALAKKAD 678 001, RESIDING AT
         "AKSHAYA", ANIKODE POST, KARIYANKODE, PALAKKAD,
         PIN - 678572

         BY ADVS.
         MEENA.A.
         VINOD RAVINDRANATH
         K.C.KIRAN
         M.R.MINI
         ANISH ANTONY ANATHAZHATH
         THAREEQ ANVER K.
         NIVEDHITHA PREM.V



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY PRINCIPAL SECRETARY, HEALTH AND
 W.P.(C)No.14883/2024                      2

           FAMILY WELFARE DEPARTMENT, T.C. 94/2750, PATTOOR,
           VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695001

     2     DRUGS CONTROLLER
           OFFICE OF THE DRUGS CONTROLLER, RED CROSS ROAD,
           VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695035

     3     NATIONAL PHARMACEUTICAL PRICING AUTHORITY (NPPA)
           3RD/5TH FLOOR, YMCA CULTURAL CENTRE BUILDING, 1,
           JAI SINGH ROAD, NEW DELHI, PIN - 110001

     4     KERALA STATE PHARMACY COUNCIL
           M.N.V.G. ADIYODI MEMORIAL PHARMACY BHAVAN, RED
           CROSS ROAD, VANCHIYOOR, THIRUVANANTHAPURAM, PIN -
           695035

           BY ADV K.S.PRENJITH KUMAR

           ADV. T.C. KRISHNA (SR.PANEL COUNSEL)
           SRI. VENUGOPAL V. (SR.G.P.)


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.14883/2024                  3

                           JUDGMENT

The petitioners have approached this Court being aggrieved by the fact that the complaints raised by them regarding violation of stipulations in the Pharmacy Practice Regulations 2015 have not been taken up for consideration by the 2nd respondent. It is the case of the petitioners that they have filed complaints regarding the unauthorised display of flex boards which offer various rates of discount on medicines. According to the petitioners, such display is contrary to certain stipulations in the Pharmacy Practice Regulations 2015. The All Kerala Chemists & Druggists Association of which the 1st petitioner is the Secretary has preferred Ext.P2 representation before the 2nd respondent, regarding this.

2. The learned Government Pleader on instructions would submit that there is no objection in a direction being issued to the 2nd respondent to consider and pass orders on Ext.P2 within a time frame.

3. The learned counsel appearing for the petitioners would submit that, for the present, the petitioners would be satisfied with a direction to the 2nd respondent to consider Ext.P2 in accordance with the law.

Having heard the learned counsel appearing for the petitioners, the learned Government Pleader and the learned Senior Panel Counsel appearing for the 3rd respondent, this writ petition will stand disposed of directing the 2nd respondent to consider and pass orders on Ext.P2 in accordance with the law, after affording an opportunity of hearing to the 1st petitioner. The 2nd respondent shall endeavour to take a decision on Ext.P2, as directed, within a period of two months from the date of receipt of a certified copy of this judgment. I make it clear that I have not expressed any opinion on the merits of the matter. Sd/-

GOPINATH P. JUDGE acd W.P.(C)No.14883/2024 5 APPENDIX OF WP(C) 14883/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 22.07.2022 GIVEN BY THE ALL-KERALA CHEMISTS & DRUGGISTS ASSOCIATION, PALAKKAD DISTRICT UNIT, TO THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 20.10.2023 GIVEN BY THE ALL KERALA CHEMISTS & DRUGGISTS ASSOCIATION, PALAKKAD DISTRICT UNIT, TO THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE PUBLIC NOTICE DATED 29.02.2024 ISSUED BY THE MAHARASHTRA STATE PHARMACY COUNCIL, MULUND, MUMBAI