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Kerala High Court
Haritha Pharmaceuticals vs State Of Kerala on 9 January, 2026
2026:KER:1361
WP(C) NO. 18575 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
WP(C) NO. 18575 OF 2024
PETITIONER/S:
HARITHA PHARMACEUTICALS,
VARANDARAPPILLY.P.O, THRISSUR DISTRICT,
REP. BY ITS PROPRIETR IX, K.R.VIJAYA,
AGED 54 YEARS, W/O KOCHUMON, KALLUPALATHINKAL
HOUSE, VARANDARAPPILLY.P.O, THRISSUR, PIN - 680303
BY ADVS.
SRI.V.M.KRISHNAKUMAR
SMT.P.R.REENA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, AAYUSH DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM,
PIN - 695001
3 THE DEPUTY COMMISSIONER OF EXCISE,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680001
4 EXCISE CIRCLE INSPECTOR,
EXCISE CIRCLE OFFICE, IRINJALAKUDA, THRISSUR,
PIN - 680125
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WP(C) NO. 18575 OF 2024
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5 EXCISE CIRCLE INSPECTOR,
EXCISE CIRCLE OFFICE, VADAKKANCHERY, THRISSUR
DISTRICT, PIN - 680582
6 EXCISE CIRCLE INSPECTOR,
EXCISE CIRCLE OFFICE, UDAYA NAGAR,CHEMBUKKAVU,
THRISSUR, PIN - 680005
SRI. P.S. APPU, GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 18575 OF 2024
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JUDGMENT
The writ petition is filed with the following prayers;
"i. Issue a writ in the nature of mandamus
commanding the respondents 3 to 6 not to
interfere with the functioning of 13 retail outlets
for which sanction is granted by Ayush
Department as per Ext.P2 to P2(i) and similar
government orders and for which Ext.P3 to P3(1)
application acknowledgments are filed in view of
clause 4(7) of the Ext. P1 government order.
ii. Issue such other orders, writs or directions as
are deemed fit by this Hon'ble Court.
iii. Award cost of this proceedings to the
petitioner.
iii. Dispense with filing of the translation of
vernacular documents produced as Exhibits in the
writ petition."
2. This Court recorded the following in its order dated 06.12.2025,
which reads as follows;
"In the statement filed on behalf of the 1 st
respondent, it is stated that the 10 persons whose
names are mentioned in paragraph 6 of the
statement will be granted SP VII licence and
seeks time to produce the relevant order."
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WP(C) NO. 18575 OF 2024
3. Today, when the matter is taken up, the learned Government
Pleader submits that the petitioner had made applications for obtaining
licences for retail sale (SP VII). It is submitted that eight such applications
were allowed, one applicant passed away, and another applicant expressed
his intention not to proceed with the application. This is recorded.
4. The learned counsel for the petitioner submits that the writ
petition may be closed without prejudice to the right to file a fresh one, in
case there is a fresh cause of action. Permission is granted.
The writ petition is closed as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO. 18575 OF 2024
APPENDIX OF WP(C) NO. 18575 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF GO (P)NO.9/2016/AAYUSH
DATED 29.11.2016 ALONG WITH RELEVANT
EXTRACT OF ANNEXURE
Exhibit P2 TRUE COPY OF GO(P).NO.14/2021/AYUSH
DATED 29.12.2021 AS REGARDS AMBIKA
RAJAPPAN, KUZHUR.P.O, THRISSUR
Exhibit P2(a) TRUE COPY OF GO(P).NO. 6/2023/AYUSH
DATED 25.05.2023 AS REGARDS RAJESH A.R.
IS CONCERNED
Exhibit P2(b) TRUE COPY OF GO(P).NO.17/202/AYUSH DATED
29.11.2022 AS REGARDS RADHAKRISHNAN.N IS
CONCERNED
Exhibit P2(c) TRUE COPY OF GO(P).NO.1/2024/AYUSH DATED
05.01.2024 AS REGARDS RAGHUNATHAN IS
CONCERNED
Exhibit P2(d) TRUE COPY OF RELEVANT PAGES OF
GO(P).NO.2/2024/AYUSH DATED 05.01.2024
AS REGARDS FRANCIS V.O
Exhibit P2(e) TRUE COPY OF GO(P).NO.14/2021/AYUSH
DATED 29.12.2021 AS REGARDS
SIVADASAN.P.G. IS CONCERNED
Exhibit P2(f) TRUE COPY OF GO(P).NO.14/2021/AYUSH
DATED 29.12.2021 AS REGARDS P.V.THOMAS
IS CONCERNED
Exhibit P2(g) TRUE COPY OF GO(P).NO.1/2024/AYUSH DATED
05.01.2024 AS REGARDS GEORGE K.O IS
CONCERNED
Exhibit P2(h) TRUE COPY OF GO(P).NO.11/2022/AYUSH
DATED 13.07.2022 AS REGARDS SATHYAN.E.K
IS CONCERNED
Exhibit P2(i) TRUE COPY OF GO(P).NO.11/2022/AYUSH
DATED 13.07.2022 AS REGARDS THOMAS E.A
IS CONCERNED
Exhibit P3 TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF PEETHAMBARAN C.V DATED
13.04.2024
Exhibit P3(a) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF JOY P.K DATED
25.04.2024
Exhibit P3(b) TRUE COPY OF THE APPLICATION
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WP(C) NO. 18575 OF 2024
ACKNOWLEDGMENT OF RADHAKRISHNAN DATED
27.04.2024
Exhibit P3(c) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF SIVADASAN.P.G DATED
24.04.2024
Exhibit P3(d) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF FRANCIS V.O DATED
23.04.2024
Exhibit P3(e) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF THOMAS P.V DATED
25.04.2024
Exhibit P3(f) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF GEORGE K.O DATED
19.04.2024
Exhibit P3(g) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF THOMAS E.A DATED
25.04.2024
Exhibit P3(h) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF PRAKASAN DATED
03.05.2024
Exhibit P3(i) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF AMBIKA RAJAPPAN DATED
12.04.2024
Exhibit P3(j) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF RAGHUNADHAN CHAKKANALI
SUKUMARAN DATED 12.04.2024
Exhibit P3(k) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF RAJESH A.R DATED
08.04.2024
Exhibit P3(l) TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT OF SATHYAN E.K DATED
25.03.2024
Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF
LICENSE TO MANUFACTURE FOR SALE OF
AYURVEDIC, SIDHA OR UNANI DRUGS DATED
17.11.2021
Exhibit P5 TRUE COPY OF THE CERTIFICATE OF GOOD
MANUFACTURING PRACTICE (GMP) DATED
17.11.2021
Exhibit P6 TRUE COPY OF RENEWAL SP VI LICENSE
ISSUED TO THE PETITIONER ON 12.04.2022
VALID UP TO 31.03.2025
Exhibit P7 TRUE COPY OF THE RENEWAL OF SP VII
LICENSE FOR RETAIL SALE OF SPIRITUOUS
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WP(C) NO. 18575 OF 2024
PREPARATIONS DATED 01.04.2022 VALID UP
TO 31.03.2025
Exhibit P8 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
DEPUTY EXCISE COMMISSIONER THRISSUR
DATED 06.05.2024
Exhibit P9 TRUE COPY OF THE LIST OF OUTLETS FILED
ONLINE APPLICATION
Exhibit P10 TRUE COPY OF THE APPLICATION
ACKNOWLEDGEMENT 23.05.2024 ISSUED TO
FRANCIS V.O
Exhibit P11 TRUE COPY OF THE APPLICATION
ACKNOWLEDGEMENT 23.05.2024 ISSUED TO
THOMAS E.A
Exhibit P12 TRUE COPY OF THE APPLICATION
ACKNOWLEDGEMENT 23.05.2024 ISSUED TO
SIVADASAN P.G
Exhibit P13 TRUE COPY OF THE APPLICATION
ACKNOWLEDGEMENT 24.05.2024 ISSUED TO
THOMAS P.V
Exhibit P14 TRUE COPY OF REQUEST DATED 30.05.2024
SUBMITTED BY THE PETITIONER BEFORE THE
EXCISE CIRCLE INSPECTOR; IRINJALAKUDA
RESPONDENT ANNEXURES
Annexure R1 (a) True copy of the SRO No.287/2018 dated
07.05.2018
