Tamman Titioe Pharma v. The Director Of Drugs Control And Licensing Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2020
CORAM:
THE HON'BLE MR. JUSTICE R.MAHADEVAN Writ Petition No.8676 of 2020 M/s. Tamman Titioe Pharma Pvt. Ltd.
A Company incorporated under the Companies Act, 1956 Rep. By its Director, P.S.Anantha Raman, 58-057 SIDCO Pharmaceuticals Complex, Alathur 603 110 Thiruporuru Kancheepuram District ... Petitioner Vs.
1. The Director of Drugs Control & Licencing Authority, No.359 Anna Salai, Chennai - 6
2. The Deputy Director of Drugs Control, No.359 Anna Salai, Chennai - 6
3. The Assistant Director of Drugs Control, Zone IV, Kancheepuram Zone, No.359 Anna Salai, Chennai - 6
4. The Senior Drugs Inspector, Kancheepuram Zone, No.359 Anna Salai, Chennai - 6
5. The Inspector of Drugs Control, Tambaram II Range, Kancheepuram Zone, No.359 Anna Salai, Chennai - 6 ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to grant a temporary permission to the petitioner company in name and style of M/s. Tamman Titioe Pharma Pvt. Ltd. situated at No.56-057 SIDCO Pharmaceuticals Complex, Alathur 603 110 Thirupororu, Kancheepuram District.
For Petitioner : Mr. G.Mutharasu For Respondents : Mr. R.Vijayakumar, AGP
O R D E R
Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the respondents. With the consent of the learned counsel for both sides, the writ petition is taken up for final disposal at the admission stage itself.
2.According to the petitioner, based on the report submitted by the fourth respondent, the first respondent passed an order dated 19.02.2020 directing the petitioner to stop production, sale or distribution of drugs under Rule 85(2) of the Drugs and Cosmetics Rules. Challenging the same, they preferred a writ petition in WP.No.5675 of 2020, in which, this Court by order dated 09.03.2020, directed the petitioner to comply with the conditions as pointed out by the respondents. Accordingly, the petitioner complied with the entire conditions and submitted a detailed explanation along with supporting documents to the first respondent on 18.03.2020. However, there was no action with respect to the claim of the petitioner. Hence, they submitted a representation dated 02.06.2020 to the respondents seeking permission to manufacture the drugs and the same is pending without any consideration. Therefore, this writ petition. 3.Heard both sides and perused the materials placed before this Court.
4.Taking note of the facts that earlier this Court directed the petitioner to comply with certain conditions and the petitioner claims that they have complied with the same and submitted an explanation with documentary evidence on 18.03.2020, this Court, without going into the merits of the case, directs the respondents to consider the representations dated 19.03.2020 and 02.06.2020 submitted by the petitioner and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, as expeditiously as possible, in any event, not later than two weeks from the date of uploading the copy of this order in the website.
5.Accordingly, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
srk To
1. The Director of Drugs Control & Licencing Authority, No.359 Anna Salai, Chennai - 6
2. The Deputy Director of Drugs Control, No.359 Anna Salai, Chennai - 6
3. The Assistant Director of Drugs Control, Zone IV, Kancheepuram Zone, No.359 Anna Salai, Chennai - 6
4. The Senior Drugs Inspector, Kancheepuram Zone, No.359 Anna Salai, Chennai - 6
5. The Inspector of Drugs Control, Tambaram II Range, Kancheepuram Zone, No.359 Anna Salai, Chennai - 6 Writ Petition No.8676 of 2020 A.SK(03/08/2020)