Ttk Protective Devices Limited v. Union Of India, Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2015

CORAM

THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P. Nos.23583 and 23584 of 2014 TTK Protective Devices Limited represented by its Director Mr.R.Saranyan No.6, Cathedral Road, Chennai 600 086.

...Petitioner in both WPs.

Versus

1.Union of India represented by the Secretary Department of Pharmaceuticals Ministry of Chemicals and Fertilisers Government of India, Room No.340-B, A-Wing, Shastri Bhavan 2.Secretary, Ministry of Health and Family Welfare Government Of India, Nirman Bhawan New Delhi 110 108.

3. National Pharmaceuticals Pricing Authority represented by its Deputy Director Department of Pharmaceuticals Ministry of Chemicals and Fertilizers Government Of India, 3rd Floor, YMCA Cultural Centre Building 1, Jai Singh Road,

...Respondents in both WPs

Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Declaration, declaring paragraphs 13(2) and 20 respectively of the Drug Price Control Order,

2013 as ultra vires S.3 of the Essential Commodities Act, 1955 and Article 14 and 19(1)(g) of the Constitution of India. For Petitioner : Mr.Aravind P Dadar Senior Counsel for Mr.R.Raghavan For Respondent :

Mr.G.Rajagopalan Additional Solicitor General assisted by Mr.B.Rabu Manohar SCGPC

O R D E R

(Judgment of Court was made by The Honourable The Chief Justice) Learned Senior Counsel appearing for the petitioner states that given the current situation, more specifically in view of the Judgment of the Division Bench of the Delhi High Court in W.P.(C). No.7705 of 2013 and 2245 of 2014 dated 10.07.2015 (Reckitt Benckiser (India) Ltd., vs. Union of India), he would not like to press these writ petitions and the questions raised in these petitions will left open to be considered at an appropriate stage, if the need so arises.

2. Liberty is granted.

3. These writ petitions accordingly stands dismissed as withdrawn. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ksr To 1.The Secretary, Union of India, Department of Pharmaceuticals, Ministry of Chemicals and Fertilisers Government of India, Room No.340-B, A-Wing, Shastri Bhavan

2.The Secretary, Ministry of Health and Family Welfare Government Of India, Nirman Bhawan, New Delhi 110 108.

3. The Deputy Director, National Pharmaceuticals Pricing Authority Department of Pharmaceuticals Ministry of Chemicals and Fertilizers, Government Of India, 3rd Floor, YMCA Cultural Centre Building, 1, Jai Singh Road, W.P. Nos.23583 and 23584 of 2014 RSK (CO) PSI (21.09.2015)