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
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
