T.Mani v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.07.2017 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No. 18509 of 2004 and W.P.M.P.No.22054 of 2004 T.Mani

...Petitioner

Vs.

1. The District Collector, Nagercoil, Kaniyakumari District,

2. Superintendent of Police, Nagercoil, Kaniyakumari District.

...Respondents

This Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, forbearing the respondents from interfering with the petitioner's right to manufacture and sell (i) Kanakasavam, (ii) Jeerakarishttam, (ii) Asokarishttam, on the basis of the license issued to the petitioner under the Drugs and Cosmetics Act and the Medicinal and Toilet Preparations Excise Duties Act. For Petitioner : M/s.V.S.Manimekalai For Respondents : M/s.A.Srijayanthi Special Government Pleader.

O R D E R

Heard M/s.V.S.Manimekalai, the learned counsel appearing for the petitioner and M/s.A.Srijayanthi, learned Special Government Pleader, for the respondent. 2.

The petitioner claims himself to be the owner of Ayurvedi Pharmacy, and he has been issued a licence by the Drugs Controller. However, since there was obstructions and hindrances caused by the Police Officials and the District Administration, preventing the petitioner from carrying on the above said business, the petitioner approached this Court, by way of this Writ Petition, to forbear the respondents from interfering with his right to manufacture and sell (i) Kanakasavam, (ii) Jeerakarishttam, (ii) Asokarishttam, on the basis of the licence https://hcservices.ecourts.gov.in/hcservices/

issued to the petitioner under the Drugs and Cosmetics Act and the Medicinal and Toilet Preparations Excise Duties Act. 3.

The Writ Petition was admitted and an order of interim injunction was granted on 03.09.2004, and the said order of interim injunction is still in force, and so far, the respondent have not filed counter affidavit. Therefore, the Writ Petition stands disposed of, with an observation that, as long as the petitioner has valid licence and complies with the conditions of the licence, the Ayurvedi business carried on by the petitioner shall not be interfered by the respondent, without following due process of law. No costs. Consequently, connected Miscellaneous Petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar sd To

1. The District Collector, Nagercoil, Kaniyakumari District,

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

Writ Petition No. 18509 of 2004 KK(CO) sp(20/07/2017) https://hcservices.ecourts.gov.in/hcservices/