M/S.New Jayachandra Pharmacy v. Director Of Drugs Control

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20028 of 2004 and W.M.P.No.24113 of 2004 M/s.New Jeyachandra Pharmacy, rep. By its Proprietor, P.Thangamuthu .. Petitioner Vs.

1. Director of Drugs Control Chennai 600 006, Tamilnadu.

2. The District Collector, Kanyakumari District, Nagercoil.

3. The Superintendent of Police, Kanyakumari District, Nagercoil.

4. The Assistant Commissioner of Police, Prohibition & Excise Wing, Nagercoil, Kannyakumari District. .. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents 2 to 4 from interfering with the preparation of Ayurvedic Medicines at Petitioner's M/s.New Jayachandra Pharmacy, at No.23/2-

139-A, Eathamozhi Road, Chennavannavilai, Maravankudieruppu, Nagercoil 629 002, Kannyakumari District.

For Petitioner : Mr.M.Ramadhas For Respondents : Mr.K.Dhananjeyan, Special Government Pleader

O R D E R

The writ petitioner is New Jeyachandra Pharmacy. The prayer, sought for in the writ petition, is for a Mandamus forbearing the respondents 2 to 4 from interfering with the preparation of Ayurvedic Medicines at Petitioner's premises.

2.

Preparation of medicines are controlled by relevant Act and Rules constituted therein. A blanket direction, as sought for, in this writ petition, cannot be considered by this Court under Article 226 of the Constitution of India. This Court is not aware of the factual aspects with regard to the raw materials and the manufacturing procedures involved in preparation of Ayurvedic Medicines. This Court is not an expert body so as to look into the manufacturing procedures of Ayurvedic Medicines. Such being the factum of the case, the direction,

as such, sought for in this writ petition, is beyond the scope of the jurisdiction under Article 226 of the Constitution of India. Hence, the prayer, sought for, in this writ petition, deserves no merit consideration. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected WMP is closed. 05.05.2017 Speaking/Non Speaking Internet: Yes/No Index: Yes/No sr To

1. The Director of Drugs Control Chennai 600 006, Tamilnadu.

2. The District Collector, Kanyakumari District, Nagercoil.

3. The Superintendent of Police, Kanyakumari District, Nagercoil.

4. The Assistant Commissioner of Police, Prohibition & Excise Wing, Nagercoil, Kannyakumari District.

S.M.SUBRAMANIAM,J., sr W.P.No.20028 of 2004 05.05.2017