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Madras High CourtWP/34367/2023dismissed

G.Kuppusamy (Deceased), v. The Director Of Drugs Control

2026-03-23Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY

1. G.Kuppusamy (deceased), S/o.Govindan,4/19, Adiyaman Street, Ponni Nagar, Karambakkam, Porur, Chennai- 600 116. and 5 Others 2.S.Prabhavathi, W/o. Late Selvam, Old No.1/186, New No.1/211, Vanniyar Street, Kolapakkam Village And Post, Kolapakkam Village, Gerugambakkam, Sriperumbudur Taluk, Kancheepuram District - 600 122.

3.Prakash.K, S/o.Late Kuppusamy, No.4/19, Adiyaman Street, Ponni Nagar, Karambakkam, Thiruvallur District - 600 116.

4.Prema.U, W/O.UTTHAMMAN, NO.4/10, 5th STREET, SAMAPURAM, KARAMBAKKAM, THIRUVALLUR DISTRICT - 600 116.

5.Nithiyakalyani Varatharajan, W/o.Varatharajan, No.2, Kalasathaman Kovil Street, Selavayal, Kodungaiyur, Chennai - 600 118.

6.Leelavathi.S, W/O.SURESH, NO.1/50, VEMBULI NAICKER STREET, VANAGARAM, THIRUVALLUR DISTRICT - 600 095.

(P2 TO P6 ARE SUBSTITUTED AS LRs OF DECEASED SOLE PETITIONER VIDE ORDER DATED 18.12.2025 MADE IN WMP.33649/2024 IN WP.34367/2023 BY NSKJ) Petitioner(s) Vs

1. The Director Of Drugs Control O/o.The Director Of Drugs Control, No.359,Anna Salai, Dms Complex, Teynampet, Chennai- 600 006.

2.The Deputy Director Of Drugs Control O/o.The Deputy Director Of Drugs Control, No.359, Anna Salai, Dms, Complex, Teynampet, Chennai- 600 006.

3.The Assistant Director Of Drugs Control O/o.The Assistant Director Of Drugs Control, Zone-iv, No.359, Anna Salai, Dms, Complex, Teynampet, Chennai- 600 006.

4.The Inspector Of Drugs Control O/o.The Inspector Of Drugs Control Zone-iv, No.359, Anna Salai, Dms, Complex, Teynampet, Chennai- 600 006.

5.M/s.Maxwell Formulations Rep By Its Proprietor, Mr.K.Loganathan, S/o.Kandasamy, No.22, Ram Nivas, Ground Floor, Majestic Colony, Valasaravakkam, Chennai- 600 087.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents 1 to 4 to consider the representation dated 22.09.2023 of the Petitioner submitted to cancel the manufacture and sale of Drugs license issued in favour of the 5th Respondent

herein namely M/s. Max Well Formulations DL. NO. TN- 00003092 and TN-00003093- Zone IV (Form 25 and 28) for their illegal act of continuing its manufacturing and sale of drugs and other related activities without having any valid license event after receipt of Stop work notice dated 16.05.2019 issued by the Director of Drug Control and for submitting fake rental agreement as if dated 01.03.2019 for Renewal of Manufacturing license for the said company For Petitioner(s):

Mr.V.R.Appaswamee For Respondent(s):

Mr.E.Sundaram, GA for R1 to 4 R5 No appearance

ORDER

This writ petition has been filed to direct the respondents 1 to 4 to consider the representation dated 22.09.2023 of the petitioner.

2. The learned counsel for the petitioner would submit that in this case, a representation was filed by the petitioner to cancel the manufacturing and sale of Drugs license issued in favour of the 5th respondent herein namely M/s. Max Well Formulations DL. NO. TN- 00003092 and TN-00003093- Zone IV (Form 25 and 28) for their illegal act of continuing its manufacturing and sale of drugs and other related activities without having any valid license. However, the said representation was not at all considered by the respondents till date. Hence, this petition.

3. Further, he would submit that the petitioner had already filed a suit for eviction against the 5th respondent and the same was also ordered in favour of the petitioner. However, based on the forged rental agreement, the 5th respondent

had obtained license, which is not sustainable. Hence, he requests this Court to pass appropriate orders.

4. In reply, the learned counsel for the official respondents would submit that they are not aware of the forged rental agreement submitted by the 5th respondent. Hence, he would suggest the petitioner to file a petition before an appropriate Court to substantiate his allegation of fraud against the 5th respondent. Unless and otherwise any such order is obtained, the license cannot be cancelled by the respondents. Thus, he prays for dismissal of this petition.

5. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

6. In the case on hand, it appears that a representation was filed by the petitioner to cancel the manufacturing and sale of Drugs license issued in favour of the 5th respondent. According to the petitioner, he had already filed a suit for eviction against the 5th respondent and the same was also ordered in favour of the petitioner. However, based on the forged rental agreement, the 5th respondent had obtained license.

7. In view of the above, since the petitioner had obtained eviction order against the 5th respondent, certainly, the 5th respondent has to vacate the

premises of the petitioner. However, as far as the cancellation of license issued in favour of 5th respondent is concerned, as rightly contended by the official respondents, the allegation, with regard to the fabrication of rental agreement against the 5th respondent, has to be adjudicated before an appropriate Civil Court. In such view of the matter, this Court is not inclined to entertain this petition.

8. Therefore, this writ petition is dismissed. No cost. The petitioner is granted liberty to approach an appropriate Civil Court. 23-03-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Director Of Drugs Control O/o.The Director Of Drugs Control, No.359,Anna Salai, Dms Complex, Teynampet, Chennai- 600 006.

2.The Deputy Director Of Drugs Control O/o.The Deputy Director Of Drugs Control, No.359, Anna Salai, Dms, Complex, Teynampet, Chennai- 600 006.

3.The Assistant Director Of Drugs Control O/o.The Assistant Director Of Drugs Control, Zone-iv, No.359, Anna Salai, Dms, Complex, Teynampet, Chennai600 006.

4.The Inspector Of Drugs Control O/o.The Inspector Of Drugs Control Zone-iv, No.359, Anna Salai, Dms, Complex, Teynampet, Chennai- 600 006.

5.M/s.Maxwell Formulations Rep By Its Proprietor, Mr.K.Loganathan, S/o.Kandasamy, No.22, Ram Nivas, Ground Floor, Majestic Colony, Valasaravakkam, Chennai- 600 087.

KRISHNAN RAMASAMY J.

nsa 23-03-2026