M/S. Siddha Green Rollo Pharmaceuticals, v. The Health Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY 1.
M/S. SIDDHA GREEN ROLLO PHARMACEUTICALS, REPRESENTED BY ITS PROPRIETOR, MR. DAVIDRAJA, PLOT NO.35, 2ND MAIN ROAD, GOODWILL NAGAR, BHARATHI NAGAR, OLD PERUNGALATHUR, CHENNAI - 600 063.
2.
DAVIDRAJA 3.
KAMALASOUNDARAM DAVIDRAJA ... Petitioners Vs 1.
THE HEALTH SECRETARY, GOVT. OF TAMIL NADU, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, CHENNAI- 600 009.
2.
THE DIRECTOR OF INDIAN MEDICINE AND HOMEOPATHY, ARIGNAR ANNA HOSPITAL COMPLEX, ARUMBAKKAM, CHENNAI- 600 106.
3.
THE STATE DRUG LICENSING AUTHORITY (IM), ARIGNAR ANNA GOVERNMENT HOSPITAL FOR INDIAN MEDICINE CAMPUS ANNEX, ARUMBAKKAM, CHENNAI - 600 106.
... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to conduct detailed enquiry in the Appeal dated 12-01-2024 filed by the Petitioners under Rule 159(2) of The Drug Rules, 1945, and pass appropriate Orders, in a time bound manner.
For Petitioners : Mr.R.Venkat Raman For R1 to R3 : Mr.E.Sundaram Government Advocate
ORDER
This writ petition is filed seeking a direction to the first respondent to dispose of the appeal dated 12.01.2024. As against the cancellation of loan licenses granted under Rule 154(A) of the Drug Rules, 1945, the petitioners has preferred an appeal under Rule 159(2) of the Drug Rules, 1945.
2. The first respondent is the appellate authority. However, when the petitioners followed up the matter, he was orally informed that the papers had been transferred to the file of the second respondent. When the statutory rules prescribe an appeal to a specific authority, it is that authority which has to dispose of the appeal.
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3. In view thereof, even if any particulars are required, the first respondent has to call for those particulars, give an opportunity of hearing to the petitioners and dispose of the appeal.
4. Accordingly, this writ petition is disposed of on the following terms:- (i) The first respondent, namely the Health Secretary, Health and Family Welfare Department, Government of Tamil Nadu, Chennai, is directed to take up the appeal dated 12.01.2024 filed by the petitioners for enquiry. An opportunity of hearing shall be granted to the petitioners. After hearing the petitioners or his representative, the appeal shall be disposed of in accordance with law.
(ii) The said exercise shall be completed within twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy. No costs.
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To 1.
THE HEALTH SECRETARY, GOVT. OF TAMIL NADU, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, CHENNAI- 600 009.
2.
THE DIRECTOR OF INDIAN MEDICINE AND HOMEOPATHY, ARIGNAR ANNA HOSPITAL COMPLEX, ARUMBAKKAM, CHENNAI- 600 106.
3.
THE STATE DRUG LICENSING AUTHORITY (IM), ARIGNAR ANNA GOVERNMENT HOSPITAL FOR INDIAN MEDICINE CAMPUS ANNEX, ARUMBAKKAM, CHENNAI - 600 106.
4/5
D.BHARATHA CHAKRAVARTHY, J.
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