A.N.Mohanakurup vs Government Of Kerala on 27 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1790 of 2009()


1. A.N.MOHANAKURUP, PROPRIETOR,
                      ...  Petitioner

                        Vs



1. GOVERNMENT OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DRUGS CONTROLLER AND LICENSING

3. ASSISTANT DRUGS CONTROLLER,

                For Petitioner  :SRI.P.RAVINDRAN (SR.)

                For Respondent  :SRI.K.JAJU BABU

The Hon'ble MR. Justice P.K.BALASUBRAMANYAN

 Dated :27/01/2010

 O R D E R
             Kurian Joseph, Ag.C.J.

                         &

          Thottathil B.Radhakrishnan, J.

  = = = = = = = = = = = = = = = = = = = = = = = =

    W.A.1790 of 2009 & W.P.(C).24240 of 2009-Y

  = = = = = = = = = = = = = = = = = = = = = = = =

      Dated this the 27th day of January, 2010.

                     JUDGMENT

Kurian Joseph, Ag.C.J.

1.The writ petitioners have approached this Court

aggrieved by the order passed by the Drugs

Controller dated 25th June, 2009. As per the said

order, the licence granted to the petitioners to

run medical shops was cancelled. The learned

single Judge though adverted to some of the

contentions advanced by the learned counsel

appearing for the petitioner in WP(C)20714/2009,

disposed of the said writ petition in view of the

submission of the learned Government Pleader that

the petitioner has alternate remedies before the

Government. Thus, the said writ petitioner was

related to pursue the alternate remedies. Hence,

WA1790/09 & WPC24240/09 -: 2 :-

the writ appeal.

2.The learned senior counsel appearing for the

petitioners inviting our attention to the history

behind the case, submits that the appellate

exercise will be in futility since according to

the learned senior counsel, the Government had

taken a stand to harass the petitioners for the

reason that they are the office bearers of AKCDA.

It is further contended that the impugned action

is taken at the instance of a rival organisation

which is controlled by some of the ruling

political parties. But the fact remains that the

Drugs Controller has adverted to the merits of

the case and has passed an order holding that in

view of the charges levelled against the

petitioners, their licence is liable to be

cancelled. Since all allegations are those

involved on facts, we do not think that even if

the allegation raised in the writ petitions and

WA1790/09 & WPC24240/09 -: 3 :-

pointed out by the learned senior counsel as

above is on malafides, we will not be justified

in interfering with the findings of facts. True,

the learned senior counsel made an attempt to

establish that even the factual findings are

patently wrong and such findings have been

entered only on the dictate of the Government. In

the above circumstances, we dispose of the writ

appeal and the writ petition as follows:

In the event of the writ petitioners pursuing

their remedy before the appellate authority

within one month from today, the matter shall

be considered by the appellate authority with

an open mind. The appellate authority shall

refer to the contentions taken by the writ

petitioners. Thereafter, the appellate

authority will pass appropriate orders in

accordance with law. Till such orders are

passed and communicated to the writ

WA1790/09 & WPC24240/09 -: 4 :-

petitioners, the interim order passed by this

court in these cases will continue.

Sd/-

Kurian Joseph,
Ag.Chief Justice

Sd/-

Thottathil B.Radhakrishnan,
Judge.

Sha/2701