Sri Mirra Medicals v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2015

CORAM:

THE HON'BLE MR.JUSTICE M.M.SUNDRESH Writ Petition No.36027 of 2015 Sri Mirra Medicals, rep. By its Managing Partner, Mr.V.Murugan ... Petitioner Vs.

1. The Secretary, Ministry of Health and Family Welfare, Secretariat, Fort St.George, Chennai-600 009.

2. The Assistant Director, Drugs Controller, Zone-1, Vepery Range, DMS Campus, Teynampet, Chennai-600 006.

3. The Drug Inspector, Vepery Range, Zone I, Teynampet, Chennai-600 006.

... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, to direct first respondent to dispose the petitioner appeal filed on 05.10.2015 as contemplated under Rule 66(2) of the Drugs and Cosmetics Rules, 1945.

For petitioner :

Mr.M.Kamalakannan For Respondents :

Mrs.P.Rajalakshmi, Government Advocate

O R D E R

As against the order, dated 16.9.2015 passed by the second respondent, the petitioner has filed an appeal to the first respondent on 5.10.2015 along with a stay application. By the said order, dated 16.09.2015, the licence of the petitioner has been cancelled.

2. The learned counsel appearing for the petitioner submitted that though the petitioner has sought for a direction to the first respondent to dispose of the appeal, it would suffice if the stay application is directed to be disposed of as the licence of the petitioner has been cancelled forthwith by the order impugned, which the subject matter of the appeal.

3. Heard the learned Government Advocate appearing for the respondents.

4. Considering the facts of the case, a direction is issued to the first respondent to dispose of the stay application filed by the petitioner dated 5.10.2015 within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Usk To

1. The Secretary, Ministry of Health and Family Welfare, Secretariat, Fort St.George, Chennai-600 009.

2. The Assistant Director, Drugs Controller, Zone-1, Vepery Range, DMS Campus, Teynampet, Chennai-600 006.

3. The Drug Inspector, Vepery Range, Zone I, Teynampet, Chennai-600 006.

+1cc to Mr.M.Kamalakannan, Advocate, S.R.No.61282 +1cc to the Government Pleader, S.R.No.61752 W.P.No.36027 of 2015 KJI(CO) CA(16/11/2015)