P.Azad vs The Drugs Controller (Ayurveda), ...
2024 Latest Caselaw 15564 Ker

Kerala High Court

P.Azad vs The Drugs Controller (Ayurveda), ... on 6 June, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                        WP(C) NO. 22779 OF 2015
PETITIONER/S:

          P.AZAD
          AGED 50 YEARS
          S/O.PURUSHOTHAMAN, PAZHAYAKATTU HOUSE, KUMARAPURAM
          P.O., HARIPAD, ALAPPUZHA DISTRICT.

          BY ADVS.
          SRI.M.V.THAMBAN
          SRI.ARUN BOSE
          SRI.B.BIPIN
          SRI.R.REJI
          SMT.THARA THAMBAN

RESPONDENT/S:

    1     THE DRUGS CONTROLLER (AYURVEDA), THIRUVANANTHAPURAM
          OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM-
          695001.

    2     THE DEPUTY DRUGS CONTROLLER AYURVEDA
          OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM-
          695001.

    3     THE DRUG INSPECTOR AYURVEDA
          OFFICE OF THE DRUG INSPECTOR, KOCHI-30.

    4     RAMACHANDRAN NAIR
          S/O.LATE KRISHNA KURUP, CHOKKOMVILO
          KIZHAKKOTHIL,VALLIKUNNAM MURI, VALLIKKUNNAM VILLAGE,
          MAVELIKARA TALUK, ALAPPUZHA DISTRICT-690101.

          BY ADVS.
          GOVERNMENT PLEADER
          SRI.A.SHAFEEK (KAYAMKULAM)

OTHER PRESENT:

          SMT. THUSHARA JAMES (SR GP)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, ALONG WITH WP(C).7192/2019, 9855/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP (C) No.22779/2015 and conn. cases     -2-



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
       THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                              WP(C) NO. 7192 OF 2019
PETITIONER/S:

              P.AZAD,
              AGED 50 YEARS
              S/O. PURUSHOTHAMAN, PAZHAYAKATTU HOUSE, KUMARAPURAM
              P.O, HARIPAD, ALAPPUZHA DISTRICT.

              BY ADVS.
              M.V.THAMBAN
              SRI.R.REJI
              SMT.THARA THAMBAN
              SRI.B.BIPIN
              SRI.ARUN BOSE



RESPONDENT/S:

      1       THE ASSISTANT COMMISSIONER OF EXCISE
              ALAPUZHA, ALAPUZHA DISTRICT, PIN 688 011

      2       THE DEPUTY COMMISSIONER OF EXCISE,
              ALAPUZHA, ALAPUZHA DISTRICT, PIN 688 011

      3       THE CIRCLE INSPECTOR OF EXCISE,
              MAVELIKARA, ALAPUZHA DISTRICT PIN 690 101

      4       RAMACHANDRAN NAIR,
              AGED 75 YEARS
              S/O. LATE KRISHNA KURUP, CHOKKOMVILO KIZHAKKOTHIL,
              VALLIKUNNAM MURI, VALLIKKUNNAM VILLAGE, MAVELIKARA
              TALUK, ALAPPUZHA DISTRICT 690 101.

              SMT. THUSHARA JAMES, SR. GOVT. PLEADER.

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, ALONG WITH WP(C).22779/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP (C) No.22779/2015 and conn. cases     -3-



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
       THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                              WP(C) NO. 9855 OF 2019
PETITIONER/S:

              P.AZAD,
              AGED 50 YEARS
              S/O.PURUSHOTHAMAN, PAZHAYAKATTU HOUSE KUMARAPURAM P.O.,
              HARIPAD, ALAPPUZHA DISTRICT.

              BY ADVS.
              M.V.THAMBAN
              SRI.R.REJI
              SMT.THARA THAMBAN
              SRI.B.BIPIN
              SRI.ARUN BOSE



RESPONDENT/S:

      1       THE DRUGS CONTROLLER(AYURVEDA),
              OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM -
              695 001.

      2       THE DEPUTY DRUGS CONTROLLER (AYURVEDA),
              OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM -
              695 001.

      3       THE DRUG INSPECTOR (AYURVEDA),
              OFFICE OF THE DRUG INSPECTOR, KOCHI - 30.

      4       RAMACHANDRAN NAIR,
              AGED 75 YEARS, S/O.LATE KRISHNA KURUP, CHOKKOMVILO
              KIZHKKOTHIL, VALLIKUNNAM MURI, VALLIKKUNNAM VILLAGE,
              MAVELIKARA TALUK, ALAPPUZHA DISTRICT - 690 101.

              SMT. THUSHARA JAMES, SR. GOVT. PLEADER.

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, ALONG WITH WP(C).22779/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP (C) No.22779/2015 and conn. cases     -4-



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
       THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                             WP(C) NO. 22788 OF 2015
PETITIONER/S:

              P.ASAD
              AGED 50 YEARS
              S/O PURUSHOTHAMAN, PAZHAYAKATTU HOUSE, KUMARAPURAM
              P.O., HARIPAD, ALAPPUZHA DISTRICT.

              BY ADVS.
              SRI.M.V.THAMBAN
              SRI.ARUN BOSE
              SRI.B.BIPIN
              SRI.R.REJI
              SMT.THARA THAMBAN



RESPONDENT/S:

      1       THE ASSISTANT COMMISSION OF EXCISE
              ALAPPUZHA, ALAPPUZHA DISTRICT.

      2       THE DEPUTY COMMISSIONER OF EXCISE
              ALAPUZHA, ALAPUZHA DISTRICT.

      3       THE CIRCLE INSPECTOR OF EXCISE
              MAVELIKARA, ALAPPUZHA DISTRICT.

      4       RAMACHANDRAN NAIR
              S/O LATE KRISHNA KURUP, CHOKKOMVILO KIZHAKKOTHIL,
              VALLIKUNNAM MURI, VALLIKUNNAM VILLAGE, MAVELIKARA
              TALUK, ALAPPUZHA DISTRICT-690101.

            BY ADVS.
            SRI.A.SHAFEEK (KAYAMKULAM)
            SRI.A.SHAFEEK KAYAMKULAM
            SMT. THUSHARA JAMES, SR. GOVT. PLEADER.
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, ALONG WITH WP(C).22779/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP (C) No.22779/2015 and conn. cases   -5-


                                  JUDGMENT

Learned counsel for the petitioner submits that these writ petitions have

become infructuous.

Accordingly these writ petitions are dismissed as infructuous.

Sd/-

GOPINATH P. JUDGE

AMG

APPENDIX OF WP(C) 7192/2019

PETITIONER EXHIBITS

EXHIBIT P1 true copy of the manufacturing license issued as on 7-8-1997.

EXHIBIT P2 TRUE COPY OF THE RENEWAL CERTIFICATE DATED 24-10- 2013.

EXHIBIT P3 TRUE COPY OF THE GMP CERTIFICATE NO. 241 DATED 24- 10-2013.

EXHIBIT P4 TRUE COPY OF THE RECEIPTS SHOWING FEES FOR VALIDITY CERTIFICATE.

EXHIBIT P5 TRUE COPY OF THE FEE FOR DRUG LICENSE

EXHIBIT P6 TRUE COPY OF THE FEE FOR ENDORSEMENT OF TECHNICAL STAFF.

EXHIBIT P7 TRUE COPY OF THE FEES FOR RENEWAL GMP CERTIFICATE

APPENDIX OF WP(C) 9855/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE MANUFACTURING LICENSE ISSUED AS ON 7/8/1997.

EXHIBIT P2 TRUE COPY OF THE RENEWAL CERTIFICATE DATED 24/10/2013.

EXHIBIT P3 TRUE COPY OF THE GMP CERTIFICATE NO.241 DATED 24/10/2013.

EXHIBIT P4 TRUE COPY OF THE RECEIPTS SHOWING FEES FOR VALIDITY CERTIFICATE.

EXHIBIT P5 TRUE COPY OF THE FEE FOR DRUG LICENSE.

EXHIBIT P6 TRUE COPY OF THE FEE FOR ENDORSEMENT OF TECHNICAL STAFF.

EXHIBIT P7 TRUE COPY OF THE FEES FOR RENEWAL GMP CERTIFICATE.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 9/4/2015 ISSUED BY THE DRUG INSPECTOR (AYURVEDA).

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 5/6/2015 ISSUED BY THE DRUG INSPECTOR (AYURVEDA).

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 12/6/2015 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE SP VI LICENSE BEARING LICENSE NO.RNSPVI/2017/00295.

EXHIBIT P12 TRUE COPY OF THE ACKNOWLEDGEMENT DT. 05/03/2018.

APPENDIX OF WP(C) 22788/2015

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY OF THE MANUFACTURING LICENSE DATED 7.8.1997 ISSUED BY THE IST RESPONDENT.

EXHIBIT P2: TRUE COPY OF THE RENEWAL CERTIFICATE DATED 24.10.2013 ISSUED BY THE IST RESPONDENT.

EXHIBIT P3: TRUE COPY OF THE GMP CERTIFICATE NO.241 DATED 24.10.2013.

EXHIBIT P4: TRUE COPY OF THE EXTRACT OF THE PLAINT IN OS NO.65/2014 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, KAYAMKULAM.

EXHIBIT P5: TRUE COPY OF THE ORDER DATED 6.2.2014 IN I.A.NO.367/2014 IN OS NO.65/2014.

EXHIBIT P6: TRUE COPY OF THE RECEIPT SHOWING FEES FOR VALIDITY CERTIFICATE.

EXHIBIT P7: TRUE COPY OF THE RECEIPT SHOWING FEE FOR DRUG LICENSE.

EXHIBIT P8: TRUE COPY OF THE RECEIPT SHOWING FEE FOR ENDORSEMENT OF TECHNICAL STAFF.

EXHIBIT P9: TRUE COPY OF THE RECEIPT SHOWING FEES FOR RENEWAL GMP CERTIFICATE.

EXHIBIT P10: TRUE COPY OF THE COMMUNICATION DATED 9.4.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBTI P11: TRUE COPY OF THE COMMUNICATION 5.6.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P12: TRUE COPY OF THE L2 LICENSE BEARING LICENSE NO.9/2002-03.

EXHIBIT P13: TRUE COPY OF THE RECEIPT DATED 26.2.2015.

EXHIBTI P14: TRUE COPY OF THE REPRESENTATION DATED 19.6.2015 SUBMITTED BEFORE THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT.

APPENDIX OF WP(C) 22779/2015

PETITIONER EXHIBITS

EXHIBIT-P1: TRUE COPY OF THE MANUFACTURING LICENSE DATED 7.8.1997 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P2: TRUE COPY OF THE RENEWAL CERTIFICATE DATED 24.10.2013 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P3: TRUE COPY OF THE GMP CERTIFICATE NO.241 DATED 24.10.2013.

EXHIBIT-P4: TRUE COPY OF THE EXTRACT OF THE PLAINT IN O.S.NO.65/2014 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, KAYAMKULM.

EXHIBIT-P5: TRUE COPY OF THE ORDER DATED 6.2.2014 IN I.A.NO.367/2014 IN O.S.NO.65/2014.

EXHIBIT-P6: TRUE COPY OF THE RECEIPT SHOWING FEES FOR VALIDITY CERTIFICATE.

EXHIBIT-P7: TRUE COPY OF THE RECEIPT SHOWING FEE FOR DRUG LICENSE.

EXHIBIT-P8: TRUE COPY OF THE RECEIPT SHOWING FEE FOR ENDORSEMENT OF TECHNICAL STAFF.

EXHIBIT-P9: TRUE COPY OF THE RECEIPT SHOWING FEES FOR RENEWAL GMP CERTIFICATE.

EXHIBIT-P10: TRUE COPY OF THE COMMUNICATION DATED 9.4.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT-P11: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT-P12: TRUE COPY OF THE REPRESENTATION DATED 12.6.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.