IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30255 of 2010(F)
1. ALPHONSA CYRIAC, MANAGING PARTNER,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE ASSISTANT DRUGS CONTROLLER AND
3. THE DRUG INSPECTOR-III, OFFICE OF THE
For Petitioner :SRI.JOMY GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :01/10/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.30255 OF 2010(F)
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Dated this the Ist day of October, 2010
J U D G M E N T
Petitioner is the Managing Partner of Sony Medicals, Vyttila.
By Ext.P4 order passed by the 2nd respondent, for the
irregularities mentioned therein, the licence of the petitioner was
ordered to be suspended for 5 days. According to the counsel
although Ext.P4 order is dated 22.7.2010 the order was served on
the petitioner on 29.9.2010 at 5 ‘O’ clock and suspension was
implemented only from 30.9.2010. It is stated that immediately
on service, on 30th itself, petitioner sent Ext.P5 appeal to the first
respondent enclosing a copy of Ext.P6, a stay petition seeking
stay of implementation of Ext.P4 order of suspension. In this writ
petition, petitioner seeks a direction for expeditious consideration
of the appeal and for a further direction to keep Ext.P4 in
abeyance in the meanwhile.
2. If as stated by the petitioner order was served only on
29.9.2010 and as affected party has a right to file an appeal
within 90 days I feel it is only appropriate that petitioner should
be allowed to pursue the remedy before further implementation
WPC.No. 30255/2010
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of Ext.P4. Therefore, I dispose of this writ petition with the
following directions.
3. The first respondent is directed to dispose of Ext.P5
appeal with notice to the petitioner, as expeditiously as possible
and at any rate within 3 moths from the date of receipt of a copy
of the judgmnet. In the meanwhile, the first respondent shall
consider Ext.P6 stay Petition filed by the petitioner. Orders
thereon shall be passed as expeditiously as possible and at any
rate within 4 weeks from the date of production of a copy of this
judgment. Till orders are passed on Ext.P6, further proceedings
pursuant to Ext.P4 order of suspension shall be kept in abeyance.
Petitioner shall produce a copy of the judgment along with a
copy of the writ petition before respondents 1 and 2 for
compliance.
(ANTONY DOMINIC)
JUDGE
vi/
WPC.No. 30255/2010
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