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Madras High CourtWP/21458/2004disposed of

Siva Ayurveda Pharmacy v. The District Collector

2017-07-06Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2017

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.21458 of 2004 Siva Ayurveda Pharmacy, Rep. By its Proprietor I.Paramarthalingam, South Thamaraikulam, Agasheeswaram Taluk, Kanyakumari District.

... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil, 2.The Superintendent of Police, Kanyakumari, Nagercoil.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of mandamus to forbear the respondents, their men, servants or agents from in any manner interfering with the petitioner's right to carry on the manufacture and sale of Ayurvedic preparations, namely, Asokarishtam, Kanakasavam, Santhanasavam and Thiripalarishtam under the Sahasrayogam Text of Ayurvedic Medicines as authorized by the Drugs Controller under Drug Licence No.317, dated 01.01.1987 and as renewed upto 31.12.2002.

For Petitioner : Mr.AR.Karthick Lakshmanan For Respondents : Mrs.A.Sri Jayanthi, Spl.GP

ORDER

Heard Mr.AR.Karthick Lakshmanan, learned counsel for the petitioner and Mrs.A.Srijayanthi, learned Special Government Pleader for the respondents.

2. The petitioner seeks for issuance of a writ of mandamus to forbear the respondents from interfering with the petitioner's right to carry on the manufacture and sale of Ayurvedic preparations, namely, Asokarishtam, Kanakasavam, https://hcservices.ecourts.gov.in/hcservices/

Santhanasavam and Thiripalarishtam under the Sahasrayogam Text of Ayurvedic Medicines as authorized by the Drugs Controller under Drug Licence No.317, dated 01.01.1987 and as renewed upto 31.12.2002.

3. The petitioner's grievance was that the respondent police were interfering with the petitioner's right to carry on the manufacture and sale of Ayurvedic preparations inspite of they possessing the requisite license. Admittedly, the license was renewed upto 31.12.2002 only. But, as of now, it is not known what is the present position. Therefore, as long as the petitioner is having valid license and are carrying on lawful trade, they need not apprehend that the police authorities will take action against them.

4. With the above observations, the writ petition is disposed of. No Costs. WMP.No.25972/04 is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To

1. The District Collector, Kanyakumari District, Nagercoil,

2. The Superintendent of Police, Kanyakumari, Nagercoil.

+1cc to M/s.AL.Ganthimathi, Advocate in sr.no.47788 W.P.No.21458 of 2004 VGII(CO) NR 08/08/2017 https://hcservices.ecourts.gov.in/hcservices/