Pvt.Ltd v. The Senior Drugs Inspector
Case at a glance
- Bench
- S M SUBRAMANIAM
Outcome
Dismissed
With this liberty, the Writ Petition stands dismissed
Provisions considered
Judgment
W.P.No.2206 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.02.2024CORAMTHE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMW.P.No.2206 of 2021andW.M.P.No.2499 of 2021M/s.Tamman Titioe Pharma Pvt. Ltd.,A Company incorporated under the Companies Act, 1956,Represented by its Director, P.S.Anantha Raman,56-057, SIDCO Pharmaceuticals Complex, Alathur – 603 110, Thiruporuru, Kancheepuram District. ... Petitioner Vs.
The Director of Drugs Control and Licensing Authority, No.359, Anna Salai, Chennai – 6.
The Deputy Director of Drugs Control, No.359, Anna Salai, Chennai – 6.
The Assistant Director of Drugs Control, Zone – IV, Kancheepuram Zone, No.359, Anna Salai, Chennai – 6. Page 1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2206 of 20214.The Senior Drugs Inspector, Kancheepuram Zone, No.359, Anna Salai, Chennai – 6.5.The Inspector of Drugs Control, Tambaram – II Range, Kancheepuram Zone, No.359, Anna Salai, Chennai – 6.... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to revoke the stoppage-cum-showcause notice of the 1st respondent in Ref. No.15357/1W1/2019 dated 19.02.2020 as per the representation of the petitioner dated 04.01.2021 and to permit the petitioner to run the drug manufacturing company as per the license issued by the 1st respondent under form no.28 bearing No.TN00002039 dated 25.02.2005 valid upto 24.02.2020 and in Form No.28 B bearing No.TN-00004727 dated 04.10.2017 which is valid up to 03.10.2022.For Petitioner: Mr.G.MutharasanFor Respondents: Mrs.C.Meera Arumugam Additional Government Pleader Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2206 of 2021
Operative part
O R D E RThe Show Cause Notice dated 19.02.2020 issued by the Director of Drugs Control and Licensing Authority is under challenge in the present writ petition. 2. The impugned show cause notice was issued setting out certain allegations against the petitioner/Pharma Company under the provisions of Drugs and Cosmetics Act, 1940 and the rules framed there under. The petitioner instead of submitting their explanations/objections, the petitioner/company has chosen to file the present writ petition, raising certain grounds on merits. High Court cannot conduct an enquiry in respect of disputes between the parties. The allegations set out in the Show Cause Notice requires adjudication based on documents and evidences available on record.2.1.No writ against the Show Cause Notice is entertain able in a routine manner. The writ petition is maintainable, only if such Show Cause Notice has been issued by an incompetent Authority having no jurisdiction or tainted with the allegations of malafides. In other circumstances, the Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2206 of 2021addressee of the Show Cause Notice has to defend his case by participating in the process of enquiry/adjudication by availing the opportunities to be provided.2.2In the present case, the Show Cause Notice would reveal that several allegations are raised against the petitioner/company under the Act and rules. Thus, the petitioner/company is at liberty to defend their case in the manner known to law. 3. With this liberty, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.06.02.2024vedaIndex : Yes / NoSpeaking order / Non-Speaking OrderNeutral Citation : Yes / NoTo1.The Director of Drugs Control and Licensing Authority, No.359, Anna Salai, Chennai – 6. Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2206 of 20212.The Deputy Director of Drugs Control, No.359, Anna Salai, Chennai – 6.3.The Assistant Director of Drugs Control, Zone – IV, Kancheepuram Zone, No.359, Anna Salai, Chennai – 6.
The Senior Drugs Inspector, Kancheepuram Zone, No.359, Anna Salai, Chennai – 6.
The Inspector of Drugs Control, Tambaram – II Range, Kancheepuram Zone, No.359, Anna Salai, Chennai – 6. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2206 of 2021S.M.SUBRAMANIAM, J.vedaW.P.No.2206 of 202106.02.2024Page 6 of 6
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With this liberty, the Writ Petition stands dismissed
Which statutory provisions did this judgment involve?
Companies Act, 2013; Constitution of India — art. 226; Drugs and Cosmetics Act, 1940.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.