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Madras High CourtWP(MD)/19193/2025disposed of

Pughalenthi v. The Assistant Director Of Drugs Control

2025-07-15Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Pughalenthi ... Petitioner Vs.

1. The Assistant Director of Drugs Control, Office of the Assistant Director of Drugs Control, Madurai North Region, Parambumalaikaradu, Melakuyilkudi, Nagamalai Pudukkottai, Madurai District-625 019.

2. The Drugs Inspector, Melur Range, Office of the Assistant Director of Drugs Control, Madurai North Region, Parambumalaikaradu, Melakuyilkudi, Nagamalai Pudukkottai, Madurai District-625 019. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a a Writ of Mandamus, to direct the respondents not to insist upon any alteration of the physical features of petitioner's licensed premises in drug license No. TN/MDN/20/00494, TN/MDN/21/00494, situated in D.No. 188, Mill Road, Melur, Madurai - 625 106 till the disposal of the civil suit in O.S.No.294 of 2022 pending on the file of the District Munsif Court, Melur, by duly considering the petitioner's representation dated 21.05.2025 within a time frame that may be stipulated by this Court.

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For Petitioner : Mr.A.Balaji For Respondents : Mr.M.Lingadurai Special Government Pleader *****

ORDER

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents not to insist upon any alteration of the physical features of petitioner's licensed premises in drug license No. TN/MDN/20/00494, TN/MDN/21/00494, situated in D.No. 188, Mill Road, Melur, Madurai - 625 106 till the disposal of the civil suit in O.S.No. 294 of 2022 pending on the file of the District Munsif Court, Melur, by duly considering the petitioner's representation dated 21.05.2025 within a time frame that may be stipulated by this Court.

2.Admittedly, there is a civil dispute between the petitioner and his brother regarding the land in Survey Nos.188 and 188/A. The petitioner is in Survey No.188. and the extent of the property is 4.6 * 8 sq.ft. There is extra 4 sq.ft in the same survey number which belongs to the petitioner. However, the petitioner's brother is also claiming right over the said 4 sq.ft. The respondents have granted drug license to the petitioner for the premises for the extent of 14.6 * 8 sq.ft. But the petitioner is claiming the excess 4 sq.ft. The respondents are insisting to put up a wall separating the 4 sq.ft and the rest of the premises. 2/5

3.Since the litigation is pending between the petitioner and his brother, the petitioner expressed his inconvenience and difficulty to put up a concrete wall at the present moment. However, he is inclined to put up a wooden separation.

4.Therefore, the petitioner is directed to put up a wooden separation within a period of four weeks from the date of receipt of a copy of this order. Until then, the respondents shall not disturb the petitioner.

5. With the above observation, the writ petition is disposed of. There is shall no order as to cost.

15.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 3/5

To

1. The Assistant Director of Drugs Control, Office of the Assistant Director of Drugs Control, Madurai North Region, Parambumalaikaradu, Melakuyilkudi, Nagamalai Pudukkottai, Madurai District-625 019.

2. The Drugs Inspector, Melur Range, Office of the Assistant Director of Drugs Control, Madurai North Region, Parambumalaikaradu, Melakuyilkudi, Nagamalai Pudukkottai, Madurai District-625 019.

3. District Munsif Court, Melur.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :15.07.2025 5/5