Kerala High Court
M/S.Sna Oushadhasala vs The State Of Kerala on 6 October, 2021
WP(C) NO. 9338 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 9338 OF 2020
PETITIONER/S:
M/S.SNA OUSHADHASALA
HAVING REGISTERED OFFICE AT MOOSPET ROAD, THRISSUR,
REPRESENTED BY ITS MANAGING DIRECTOR P.T.N.VASUDEVAN
MOOSS, AGED 48, S/O.A.NARAYANAN NAMBI, THAIKATTU
MANA, MOOSPET ROAD, EAST FORT P.O., THRISSUR
DISTRICT-680005.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DRUGS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT-695001.
2 THE DEPUTY DRUGS CONTROLLER,
(AYURVEDA), OFFICE OF THE DEPUTY DRUGS CONTROLLER,
AROGYABHAVAN, NEAR AYURVEDA COLLEGE,
THIRUVANANTHAPURAM DISTRICT-695001.
3 THE DRUG INSPECTOR,
(AYURVEDA), OFFICE OF THE DEPUTY DRUGS CONTROLLER,
(AYURVEDA), AROGYA BHAVAN, NEAR AYURVEDA COLLEGE,
THIRUVANANTHAPURAM DISTRICT-695001.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9338 OF 2020 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.9338 of 2020
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Dated this the 6th day of October, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"(i) Call for the records leading to Exts.P4 and P5 and the
proceedings connected therewith, and may be pleased to issue
a writ of certiorari to quash the same, in the interest of justice.
(ii) To pass any such or further orders as the petitioner may
seek and this Hon'ble Court deem fit to grant."
2. Exts.P4 and P5 are the impugned orders in this writ
petition. Ext.P4 is a mahazar prepared on 20.3.2020. Ext.P5 is
a true copy of the Form-16 issued to the petitioner. The
apprehension of the petitioner is that based on the same, the
licence of the petitioner will be cancelled.
3. Today, when the matter came up for consideration,
the learned Government Pleader submitted that the licence is
renewed as per Annexure-R2(E) till 30.12.2023. The
Government Pleader submitted that Exts.P4 and P5 are already
produced before the court concerned and the petitioner can do
the needful, in accordance to law, if there is any further
grievance.
4. In the light of the above submission, I think there is
nothing survives in this case. If there is any fresh cause of
action, the petitioner is free to approach this Court or the
authority concerned, in accordance to law.
Therefore, this writ petition is disposed, with liberty to the
petitioner to approach this Court or appropriate authority, in
accordance to law, if there is any fresh cause of action.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 9338/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LABELS OF THE
PETITIONER DATED NIL.
EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE SENIOR DRUGS INSPECTOR DATED
19.02.2020.
EXHIBIT P3 A TRUE COPY OF THE AFFIDAVIT FILED BY THE
PETITIONER DATED 19.02.2020.
EXHIBIT P4 A TRUE COPY OF THE MAHASSOR PREPARED DATED
20.03.2020.
EXHIBIT P5 A TRUE COPY OF THE FORM 16 ISSUED DATED
20.03.2020.
RESPONDENT'S EXHIBITS:
EXT R2(A) TRUE COPY OF THE GO (MS) NO. 156/07/H&FWD
DATED 3.7.2007
EXT.R2(B) TRUE COPY OF THE DRUG LICENSE &
CERTIFICATE OF GOOD MANUFACTURING
PRACTISE.
EXT.R2(C) TRUE COPIES OF THE APPLICATION FORM AND
AFFIDAVIT
EXT.R2(D) TRUE COPY OF THE CERTIFICATE OF RENEWAL
VALID UP TO 31.12.2018
EXT.R2(E) TRUE COPY OF THE CERTIFICATE OF RENEWAL
VALID UP TO 31.12.2023.
