Federation Of South Indian v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.Nos.10536 and 10537 of 2016 Federation of South Indian Pharmaceutical Manufacturers Association Block D-1, Baid Mehta Complex 16/183, Anna Salai, Little Mount Saidapet, Chennai - 15 rep. by its Chairman, B.Sethuraman.
.. Petitioner in both WPs.
Vs.
1. The Union of India rep. by its Secretary Nirman Bhavan, New Delhi - 110 011.
2. The Drugs Controller General of India FDA Bhavan, ITO, Kotla Road New Delhi - 110 002.
.. Respondents 1 & 2 in both WPs.
3. The State of Tamil Nadu rep. by its Secretary Fort St. George, Chennai - 9.
.. 3rd Respondent in WP.10536/2016 PRAYER in W.P.No.10536 of 2016: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to the impugned notifications dated 10.3.2016 published in the Gazette of India Extraordinary Part II Section 3(ii) and mentioned in the Schedule annexed to the petition and quash the same and consequently forbear the respondents, their officers, men, servants, agents, representatives, etc., from taking any coercive action on the members of the petitioner association by enforcing the impugned notifications with costs.
PRAYER in W.P.No.10537 of 2016: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Declaration declaring Section 26A of the Drugs and Cosmetics Act, 1940 as ultra vires the Constitution of India and consequently forbearing the respondents from exercising any powers thereunder.
For Petitioner : Mr.T.D.Selvan Babu For Respondents : Mr.Su.Srinivasan Asst. Solicitor General for respondents 1 and 2 in both writ petitions Mr.M.K.Subramanian Government Pleader for 3rd respondent in W.P.No.110536 of 2016
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The learned counsel for the petitioner states that in view of the judgment in Pfizer Limited and another v. Union of India and another [W.P. (C) No.2212 of 2016, dated 1.12.2016] by the Delhi High Court, he has instructions to withdraw the petitions. Endorsement made.
These petitions are dismissed as withdrawn. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To:
1. The Secretary Union of India Nirman Bhavan, New Delhi - 110 011.
2. The Drugs Controller General of India FDA Bhavan, ITO, Kotla Road New Delhi - 110 002.
3. The Secretary State of Tamil Nadu Fort St. George, Chennai - 9.
+2 cc's to Mr.T.D.Selvan babu,advocate,sr.73825 & 826. +1 cc to mr.Su.srinivasan,advocate,sr.73555.
kk(co) krd 2/1 W.P.Nos.10536 and 10537 of 2016