IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11278 of 2009(D)
1. K.T.PAULY, PROPRIETOR,
... Petitioner
Vs
1. THE ASSISTANT DRUGS CONTROLLER,
... Respondent
2. THE DRUGS INSPECTOR,
For Petitioner :SRI.M.B.PRAJITH
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/04/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.11278 of 2009
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Dated, this the 7th day of April, 2009
J U D G M E N T
Grievance in the writ petition mainly is in relation to Ext.P5, an
order dated 12/11/2008, served on the petitioner on 03/04/2009,
suspending his drugs licence for 3 days with immediate effect. The
main contention raised by the petitioner was that if suspension is
implemented forthwith, his right of appeal as provided under Rule
66 of the Drugs and Cosmetics Rules is virtually rendered ineffective.
2. When the matter came up for admission on 03/04/2009,
this Court directed that the order be kept in abeyance and also
directed the learned Government Pleader to obtain instructions in the
matter. The Government Pleader has obtained instructions and also
has been heard.
3. Admittedly, the petitioner has a right of appeal against
Ext.P5 and therefore, he should have been given a breathing time to
avail of the said appellate remedy. This has not been done, as Ext.P5
was served on the petitioner on 03/04/2009 and the same was
sought to be implemented with immediate effect.
WP(C) No.11278/2009
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4. Taking into account the above, I dispose of the writ
petition with the following directions:-
That it will be open to the petitioner to file his appeal against
Ext.P5, within 30 days from today and if an appeal is filed as above,
it is directed that until the disposal of the appeal, further
proceedings pursuant to Ext.P5 will be kept in abeyance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg