Madras High CourtWP/32789/2018disposed of

S.Thirupurasundari v. The Director

2018-12-13Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.32789 of 2018 and WMP.No.38003 of 2018 S.Thirupurasundari ...

Petitioner ..Vs..

1.The Director, Drugs Control Department, No.359, Anna Salai, Teynampet,

2. The Assistant Director of Drugs Control, Zone-II, 359 Anna Salai, Teynampet,

3. Lakshmi Medicals Represented by its Proprietor Mr.Kanagaraj Old door no 195, New door no 321, Poonamallee High Road, Aminjikarai, Chennai 600 029.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 19.11.2018 and consequently cancel the license issued in favour of the third respondent Kanagaraj for running a medical shop under the name "Lakshmi Medicals" situated at Old door no 195, New door no 321, Poonamallee Road, Aminjikarai, Chennai 600 029.

For Petitioner : Mr.Vijay Subramanian for Mr.A.Jenasenan For Respondents : Mr.E.Balamurugan (R1 and R2) Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for a direction to the second respondent to consider the petitioner's representation dated 19.11.2018 and consequently cancel the license issued in favour of the third respondent Kanagaraj for running a medical shop under the name "Lakshmi Medicals" situated at Old door no 195, New door no 321, Poonamallee Road, Aminjikarai, Chennai 600 029.

2. According to the learned counsel for the petitioner the petitioner made a representation to the second respondent on 19.11.2018, seeking to cancel the license issued in favour of the third respondent for running a medical shop in the petitioner's premises, by obtaining the license illegally from the second respondent, by forging the signature of the petitioner. Since, the same did not evoke any response, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.

3. Heard Mr.E.Balamurugan, learned Special Government Pleader appearing on behalf of the respondents 1 and 2.

4. Considering the facts and circumstances of the case and having regard to the submissions made, without going into the merits of the case, this Court directs the second respondent to pass orders on the representation of the petitioner dated 19.11.2018, on merits and in accordance with law, after issuing notice to the petitioner, the third respondent and also affording due opportunity of hearing to them as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Director, Drugs Control Department, No.359, Anna Salai, Teynampet,

2. The Assistant Director of Drugs Control, Zone-II, 359 Anna Salai, Teynampet, +1cc to Mr.A.Jenasenan, Advocate, S.R.No.87111 +1cc to the Government Pleader, S.R.No.86744 W.P.No.32789 of 2018 GSP(31/12/2018)