IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 31755 of 2007(E)
1. A.RAVEENDRAN, AGED 56 YEARS
... Petitioner
Vs
1. THE GOVERNMENT OF KERALA REPRESENTED
... Respondent
2. KERALA STATE PHARMACY COUNCIL TRIVANDRUM
3. THE REGISTRAR AND SECRETARY TO
4. THE ADDITIONAL DRUG CONTROLER,
5. THE PHARMACEUTICAL SOCIETY OF KERALA
For Petitioner :SRI.M.P.VIJAYAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :25/10/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 31755 OF 2007 E
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Dated this the 25th October, 2007
J U D G M E N T
The prayer made in this writ petition is to direct
the 1st and 4th respondents not to issue drug license to
the 5th respondent. Petitioner is also seeking a
declaration that the 5th respondent is not the
subsidiary of the 2nd respondent and a prohibition to
the 2nd respondent not to do any business through the 5th
respondent is also sought for. The basic contention of
the petitioner is that the 5th respondent is styling
itself as a subsidiary of the 2nd respondent which in
fact it is not. It is on that basis the petitioner
seeks an order directing that the 5th respondent shall
not be granted the drug license.
2. Petitioner does not have a case or at least
pleaded in the writ petition that the 5th respondent
suffers from any ineligibility to be granted a license
to do business in pharmaceutical products. If that be
so, the fact that it is not a subsidiary cannot render
WPC No. 31755/07 -2-
it ineligible to issue a license for which it is
otherwise eligible to.
3. If as stated by the petitioner, the 5th
respondent is falsely representing as the subsidiary of
the 2nd respondent, it is for the 2nd respondent to take
appropriate action and remedy the situation. That
cannot be taken advantage of by the petitioner, who is
also a dealer in pharmaceutical products whose
intention is only to prevent opening an other outlet
selling similar products. I see no merit in the writ
petition. Writ petition fails and is dismissed.
ANTONY DOMINIC
JUDGE
jan/-