Mercury Laboratory Limited v. Kerala State Medical Services Corporation Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 12457 of 2015 (F) ---------------------------- PETITIONER :

----------------------- M/S. MERCURY LABORATORIES LIMITED, HAVING ITS REGISTERED OFFICE REGISTERED OFFICE AT 18 SHREEJI BHUVAN,51 MANGALDAS ROAD, MUMBAI-400 002, REPRESENTED BY ITS LIAISON AGENT, MADHOOR.S.

BY SRI.M.RAMESH CHANDER,SENIOR ADVOCATE ADVS. SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENT(S):

----------------------------

1. KERALA STATE MEDICAL SERVICES CORPORATION LIMITED, THAICADU.P.O, THIRUVANANTHPURAM-695 014.

2. SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

3. DRUG CONTROLLER OF KERALA, RED CROSS ROAD, THIRUVANANTHAPURAM-695 035.

R1 BY SRI.M.AJAY,SC,KERALA MEDICAL SERV.CORPN R2 & R3 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015,ALONG WITH WP(C).NO.12458 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 12457 of 2015 (F) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY LETTER DATED 28-11-2013 ISSUED BY THE RESPONDENT. P2TRUE COPY OF THE SHOW CAUSE NOTICE DATED 07-12-2013. P3TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 20-12-2013 P4TRUE COPY OF LETTER DATED 15-03-2014 ISSUED BY THE RESPONDENT. P5TRUE COPY OF THE COMMUNICATION DATED 25-10-2014 FROM THE DRUGS CONTROLLER.

P6TRUE COPY OF THE TEST REPORT ALONG WITH COVERING LETTER ISSUED BY THE GOVT ANALYST.

P7TRUE COPY OF THE CERTIFICATE WITH COVERING LETTER ISSUED BY THE GOVERNMENT ANALYST.

P8TRUE COPY OF CERTIFICATE ISSUED BY THE GOVT ANALYST. P9TRUE COPY OF THE INFORMATION BY THE DRUG INSPECTOR,TRISSUR. P10TRUE COPY OF THE JUDGMENT IN WPC.NO.2625/2015 DATED 27-01-2015 P11TRUE COPY OF THE REPRESENTATION FILED BY THE MANAGING DIRECTOR OF THE COMPANY DATED 04-03-2015.

P12TRUE COPY OF THE ORDER NO.KMSCL/QC/BL/10/2013-14 DATED 25-03-2015. RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) Nos. 12457 & 12458 of 2015 (F) ------------------------------------------ Dated this the 29th day of May, 2015

J U D G M E N T

The impugned orders in the above writ petitions are appealable. The tender notification itself provides for an appeal from an order of blacklisting within fifteen days from the date of issuance of the order. The orders impugned were issued on 7.4.2015. The writ petitions were filed two days later on 9.4.2015 and the same were pending till today before this court.

2.

In such circumstances, considering the fact that the petitioner had been prosecuting the writ petitions bona fide; but however, this Court not being persuaded to exercise its discretionary remedy in view of the alternate remedy available, the appeal period would run from today. An appeal filed within fifteen days from today would be taken as one validly filed within time.

W.P.(C) Nos. 12457 & 12458 of 2015 -2The writ petitions would stand closed leaving open all the contentions of either parties.

Sd/- K.VINOD CHANDRAN, JUDGE jjj