Pankaja Kasthuri Herbals India ... vs State Of Kerala
2021 Latest Caselaw 2369 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                   WP(C).No.11030 OF 2017(C)


PETITIONER:

              PANKAJA KASTHURI HERBALS INDIA (PVT) LTD.,
              POOVACHAL, KATTAKKADA,
              THIRUVANANTHAPURAM-695 572,
              REPRESENTED BY THE MANAGING DIRECTOR,
              DR.J. HAREENDRAN NAIR.

              BY ADVS.
              SRI.GEORGE POONTHOTTAM (SR.)
              SMT.NISHA GEORGE

RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              DEPARTMENT OF AYUSH,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.

     2        THE DRUGS CONTROLLER & LICENSING AUTHORITY,
              THIRUVANANTHAPURAM-695 001.

     3        THE DEPUTY DRUGS CONTROLLER (AYURVEDA),
              AROGYA BHAVAN, THIRUVANANTHAPURAM-695 053.

     4        DR. N. VIMALA,
              DEPUTY DRUGS CONTROLLER (AYURVEDA),
              AROGYA BHAVAN,
              THIRUVANANTHAPURAM-695 053.

ADDL. 5       AYURVEDA MEDICAL ASSOCIATION OF INDIA,
              KERALA STATE COMMITTEE, AYURVEDA BHAVAN,
              P.B.NO.93, ANGAMALY, ERNAKULAM-683572,
              REPRESENTED BY ITS PRESIDENT,
              DR.VINOD KUMAR.

              (IS IMPLEADED AS PER ODER DATED 6/4/2017 IN IA
              NO.6128/17)
 WP(C) No.11030/2017
                             :2 :


ADDL. 6       G.JAYAPRAKASH,
              AGED 51 YEARS,
              S/O N.GANGADHARA PILLAI,
              RESIDING AT SUSHIRI, PLAVILA,
              KALLAYAM P.O., THIRUVANANTHAPURAM-695043.

              (IS IMPLEADED AS PER ORDER DATED 22/6/2017 IN
              IA NO.7978/17)

              R1-3 BY SRI.K.V.SOHAN, STATE ATTORNEY
              R1 BY ADV. SRI.ASHWIN SETHUMADHAVAN
              R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY
              R6 BY ADV. SRI.A.JAYASANKAR
              BY ADV. SRI.MANU GOVIND
              R6 BY ADV. SMT.B.MEERA
              R6 BY ADV. SRI.S.SABARINADH
              R4 BY ADV. SRI.BASANT BALAJI
              R4 BY ADV. SMT.REKHA VASUDEVAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.11030/2017
                                 :3 :




                          JUDGMENT

~~~~~~~~~

Dated this the 21th day of January, 2021

The petitioner has approached this Court seeking

the following reliefs:-

"i) Issue a writ of certiorari, calling for the records leading to the issuance of Ext.P5 notice and to quash the same;

ii) Issue a writ of quo-warranto as against the 4th respondent for her unauthorised continuance in office beyond 27.12.2016;

iii) Issue a writ declaring that the 4th respondent is not qualified to be appointed as the Licensing Authority as the 4th respondent does not possess the qualification prescribed under law to function as the Licensing Authority under the Drugs and Cosmetics Act;

iv) Issue a writ declaring that the 4th respondent has no authority to continue in office or discharge any of the functions as a Government officer or an authority under a law or exercising any of the powers as a period of deputation from Ayurveda College to Government Service expired on 27.12.2016;

v) Issue a writ declaring that the notice issued as per Ext.P5 is by an incompetent person in terms of qualification and in terms of authority and therefore bad in law."

WP(C) No.11030/2017

2. Heard learned counsel for the petitioner and

learned State Attorney appearing for respondents 1 to 3.

3. Going through the pleadings, I find that Ext.P5 is

only a show-cause notice issued by the Drugs Controller,

Ayurveda. In such circumstances, it will suffice if the 3rd

respondent is directed to consider the explanation given by

the petitioner in response to Ext.P5 and pass appropriate

orders thereon after giving an opportunity of hearing to the

petitioner.

In such circumstances, the writ petition is disposed

of directing the 3rd respondent to consider reply dated

14.02.2017 annexed to Ext.P5, submitted by the petitioner and

pass appropriate orders thereon, after giving an opportunity of

personal hearing to the petitioner. The petitioner may file

additional facts and grounds through an additional

representation to the 3 rd respondent, if the petitioner so

desires, within a period of two weeks.

Sd/-

N. NAGARESH, JUDGE aks/21.01.2021 WP(C) No.11030/2017

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA DATED 04.07.2016.

EXHIBIT P2 TRUE COPY OF THE REPORT DATED 29.09.2016 RECEIVED UNDER RIGHT TO INFORMATION ACT, WITH COVERING LETTER.

EXHIBIT P3 TRUE COPY OF THE MAHAZAR DATED 07.03.2017 PREPARED BY THE SUBORDINATE OFFICIALS UPON THE DIRECTIVE OF THE 4TH RESPONDENT.

EXHIBIT P3(A) TRUE TYPED COPY OF EXT-P3.

EXHIBIT P4 TRUE COPY OF THE MAHAZAR DATED 14.03.2017.

EXHIBIT P4(A) TRUE TYPED COPY OF EXT-P4.

EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE NO.

ML3 2810/2017/DC DATED 13.03.2017 ISSUED BY THE 3RD RESPONDENT WITH ENCLOSURES.

EXHIBIT P6 TRUE COPY OF THE LETTER NO.G4/977/2017/D.A.M.E DATED 24.03.2017 RECEIVED UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P7 TRUE COPY OF THE LETTER NO.

1270267/F1/2017/H&FW DATED 22.03.2017 RECEIVED UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P8 TRUE COPY OF THE G.O.(RT) NO.1906/ 2016/H& FWD DATED 11.07.2016.

RESPONDENTS' EXHIBITS:

EXHIBIT R5(A) RETYPED COPY OF LETTER DATED 21.02.17 TO THE 4TH RESPONDENT IN WP(C).

WP(C) No.11030/2017

EXHIBIT R6(A) A TRUE PHOTOCOPY OF THE G.O.

(RT.)No.1340/2017/H&FWD DATED 12.05.2017 ISSUED BY THE ADDITIONAL SECRETARY, STATE GOVERNMENT HEALTH & FAMILY WELFARE DEPARTMENT.

EXHIBIT R4(A) TRUE COPY OF THE G.O.(M.S)126/85/HD DATED 18/07/1985 EXHIBIT R4(B) TRUE COPY OF G.O.(RT.) NO.5023/2010/H&FWD DATED 27/12/2010 EXHIBIT R4(C) TRUE COPY OF G.O.(P) NO.107/2011/H&FWD DATED 18/02/2011 EXHIBIT R4(D) TRUE COPY OF THE GO (RT)No.4401/2011/H&FWD DATED 22/12/11 EXHIBIT R4(E) TRUE COPY OF THE GO (RT) NO.4221/2012/H&FWD DATED 26/12/2012 EXHIBIT R4(F) TRUE COPY OF GO(RT) No.4246/2013/H&FWD DATED 24/12/2013 EXHIBIT R4(G) TRUE COPY OF THE ORDER G.O.

(RT)NO.3984/2014/H&FWD DATED 12/12/2014 EXHIBIT R4(H) TRUE COPY OF THE ORDER NO.55/2016 DATED 06/01/2016 EXHIBIT R4(I) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.R4(H) EXHIBIT R4(J) TRUE COPY OF THE ORDER GO(RT) NO.1906/2016/H&FWD DATED 11/07/2016 EXHIBIT R4(K) TRUE COPY OF THE ORDER G.O.(RT.) No.1060/2017/H&FWD DATED 11/04/2017 EXHIBIT R4(L) TRUE COPY OF THE ORDER NO.1261/2017 DATED 03/05/2017 EXHIBIT R4(M) TRUE COPY OF THE ENGLISH TRANSLATION OF Ext.R4(I) EXHIBIT R4(N) TRUE COPY OF THE ORDER DATED 19/04/2017 IN OA-721/2017 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL.

EXHIBIT R4(O) TRUE COPY OF THE LETTER DATED 18/07/2016 SENT BY THIS RESPONDENT TO THE CHIEF SECRETARY EXHIBIT R4(P) TRUE COPY OF THE LETTER DATED 10/08/2016 EXHIBIT R4(Q) TRUE COPY OF THE LICENSES ISSUED TO THE PETITIONER BY THIS RESPONDENT IN THE CAPACITY AS LICENSING AUTHORITY.

SR