P.AZAD v. THE DRUGS CONTROLLER (AYURVEDA), THIRUVANANTHAPURAM

BY ADVS. GOVERNMENT PLEADER SRI.A.SHAFEEK (KAYAMKULAM) OTHER PRESENT: SMT. THUSHARA JAMES (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH WP(C).7192/2019, 9855/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP (C) No.22779/2015 and conn. cases -2- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 7192 OF 2019 PETITIONER/S: P.AZAD, AGED 50 YEARS S/O. PURUSHOTHAMAN, PAZHAYAKATTU HOUSE, KUMARAPURAM P.O, HARIPAD, ALAPPUZHA DISTRICT. BY ADVS. M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENT/S: 1 2 3 4 THE ASSISTANT COMMISSIONER OF EXCISE ALAPUZHA, ALAPUZHA DISTRICT, PIN 688 011 THE DEPUTY COMMISSIONER OF EXCISE, ALAPUZHA, ALAPUZHA DISTRICT, PIN 688 011 THE CIRCLE INSPECTOR OF EXCISE, MAVELIKARA, ALAPUZHA DISTRICT PIN 690 101 RAMACHANDRAN NAIR, AGED 75 YEARS S/O. LATE KRISHNA KURUP, CHOKKOMVILO KIZHAKKOTHIL, VALLIKUNNAM MURI, VALLIKKUNNAM VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT 690 101. SMT. THUSHARA JAMES, SR. GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.06.2024, ALONG WITH WP(C).22779/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP (C) No.22779/2015 and conn. cases -3- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 9855 OF 2019 PETITIONER/S: P.AZAD, AGED 50 YEARS S/O.PURUSHOTHAMAN, PAZHAYAKATTU HOUSE KUMARAPURAM P.O., HARIPAD, ALAPPUZHA DISTRICT. BY ADVS. M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENT/S: 1 2 3 4 THE DRUGS CONTROLLER(AYURVEDA), OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM - 695 001. THE DEPUTY DRUGS CONTROLLER (AYURVEDA), OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM - 695 001. THE DRUG INSPECTOR (AYURVEDA), OFFICE OF THE DRUG INSPECTOR, KOCHI - 30. RAMACHANDRAN NAIR, AGED 75 YEARS, S/O.LATE KRISHNA KURUP, CHOKKOMVILO KIZHKKOTHIL, VALLIKUNNAM MURI, VALLIKKUNNAM VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT - 690 101. SMT. THUSHARA JAMES, SR. GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.06.2024, ALONG WITH WP(C).22779/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP (C) No.22779/2015 and conn. cases -4- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 22788 OF 2015 PETITIONER/S: P.ASAD AGED 50 YEARS S/O PURUSHOTHAMAN, PAZHAYAKATTU HOUSE, KUMARAPURAM P.O., HARIPAD, ALAPPUZHA DISTRICT. BY ADVS. SRI.M.V.THAMBAN SRI.ARUN BOSE SRI.B.BIPIN SRI.R.REJI SMT.THARA THAMBAN RESPONDENT/S: 1 2 3 4 THE ASSISTANT COMMISSION OF EXCISE ALAPPUZHA, ALAPPUZHA DISTRICT. THE DEPUTY COMMISSIONER OF EXCISE ALAPUZHA, ALAPUZHA DISTRICT. THE CIRCLE INSPECTOR OF EXCISE MAVELIKARA, ALAPPUZHA DISTRICT. RAMACHANDRAN NAIR S/O LATE KRISHNA KURUP, CHOKKOMVILO KIZHAKKOTHIL, VALLIKUNNAM MURI, VALLIKUNNAM VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT-690101. BY ADVS. SRI.A.SHAFEEK (KAYAMKULAM) SRI.A.SHAFEEK KAYAMKULAM SMT. THUSHARA JAMES, SR. GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.06.2024, ALONG WITH WP(C).22779/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP (C) No.22779/2015 and conn. cases -5- J U D G M E N T Learned counsel for the petitioner submits that these writ petitions have become infructuous. Accordingly these writ petitions are dismissed as infructuous. AMG Sd/- GOPINATH P. JUDGE WP (C) No.22779/2015 and conn. cases -6- APPENDIX OF WP(C) 7192/2019 PETITIONER EXHIBITS EXHIBIT P1 true copy of the manufacturing license issued as on 7-8-1997. EXHIBIT P2 TRUE COPY OF THE RENEWAL CERTIFICATE DATED 24-10- 2013. EXHIBIT P3 TRUE COPY OF THE GMP CERTIFICATE NO. 241 DATED 24- 10-2013. EXHIBIT P4 TRUE COPY OF THE RECEIPTS SHOWING FEES FOR VALIDITY CERTIFICATE. EXHIBIT P5 TRUE COPY OF THE FEE FOR DRUG LICENSE EXHIBIT P6 TRUE COPY OF THE FEE FOR ENDORSEMENT OF TECHNICAL STAFF. EXHIBIT P7 TRUE COPY OF THE FEES FOR RENEWAL GMP CERTIFICATE WP (C) No.22779/2015 and conn. cases -7- APPENDIX OF WP(C) 9855/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MANUFACTURING LICENSE ISSUED AS ON 7/8/1997. EXHIBIT P2 TRUE COPY OF THE RENEWAL CERTIFICATE DATED 24/10/2013. EXHIBIT P3 TRUE COPY OF THE GMP CERTIFICATE NO.241 DATED 24/10/2013. EXHIBIT P4 TRUE COPY OF THE RECEIPTS SHOWING FEES FOR VALIDITY CERTIFICATE. EXHIBIT P5 TRUE COPY OF THE FEE FOR DRUG LICENSE. EXHIBIT P6 TRUE COPY OF THE FEE FOR ENDORSEMENT OF TECHNICAL STAFF. EXHIBIT P7 TRUE COPY OF THE FEES FOR RENEWAL GMP CERTIFICATE. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 9/4/2015 ISSUED BY THE DRUG INSPECTOR (AYURVEDA). EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 5/6/2015 ISSUED BY THE DRUG INSPECTOR (AYURVEDA). EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 12/6/2015 SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P11 TRUE COPY OF THE SP VI LICENSE BEARING LICENSE NO.RNSPVI/2017/00295. EXHIBIT P12 TRUE COPY OF THE ACKNOWLEDGEMENT DT. 05/03/2018. WP (C) No.22779/2015 and conn. cases -8- APPENDIX OF WP(C) 22788/2015 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE MANUFACTURING LICENSE DATED 7.8.1997 ISSUED BY THE IST RESPONDENT. EXHIBIT P2: TRUE COPY OF THE RENEWAL CERTIFICATE DATED 24.10.2013 ISSUED BY THE IST RESPONDENT. EXHIBIT P3: TRUE COPY OF THE GMP CERTIFICATE NO.241 DATED 24.10.2013. EXHIBIT P4: TRUE COPY OF THE EXTRACT OF THE PLAINT IN OS NO.65/2014 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, KAYAMKULAM. EXHIBIT P5: TRUE COPY OF THE ORDER DATED 6.2.2014 IN I.A.NO.367/2014 IN OS NO.65/2014. EXHIBIT P6: TRUE COPY OF THE RECEIPT SHOWING FEES FOR VALIDITY CERTIFICATE. EXHIBIT P7: TRUE COPY OF THE RECEIPT SHOWING FEE FOR DRUG LICENSE. EXHIBIT P8: TRUE COPY OF THE RECEIPT SHOWING FEE FOR ENDORSEMENT OF TECHNICAL STAFF. EXHIBIT P9: TRUE COPY OF THE RECEIPT SHOWING FEES FOR RENEWAL GMP CERTIFICATE. EXHIBIT P10: TRUE COPY OF THE COMMUNICATION DATED 9.4.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBTI P11: TRUE COPY OF THE COMMUNICATION 5.6.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P12: TRUE COPY OF THE L2 LICENSE BEARING LICENSE NO.9/2002-03. EXHIBIT P13: TRUE COPY OF THE RECEIPT DATED 26.2.2015. EXHIBTI P14: TRUE COPY OF THE REPRESENTATION DATED 19.6.2015 SUBMITTED BEFORE THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT. WP (C) No.22779/2015 and conn. cases -9- APPENDIX OF WP(C) 22779/2015 PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF THE MANUFACTURING LICENSE DATED 7.8.1997 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P2: TRUE COPY OF THE RENEWAL CERTIFICATE DATED 24.10.2013 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P3: TRUE COPY OF THE GMP CERTIFICATE NO.241 DATED 24.10.2013. EXHIBIT-P4: TRUE COPY OF THE EXTRACT OF THE PLAINT IN O.S.NO.65/2014 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, KAYAMKULM. EXHIBIT-P5: TRUE COPY OF THE ORDER DATED 6.2.2014 IN I.A.NO.367/2014 IN O.S.NO.65/2014. EXHIBIT-P6: TRUE COPY OF THE RECEIPT SHOWING FEES FOR VALIDITY CERTIFICATE. EXHIBIT-P7: TRUE COPY OF THE RECEIPT SHOWING FEE FOR DRUG LICENSE. EXHIBIT-P8: TRUE COPY OF THE RECEIPT SHOWING FEE FOR ENDORSEMENT OF TECHNICAL STAFF. EXHIBIT-P9: TRUE COPY OF THE RECEIPT SHOWING FEES FOR RENEWAL GMP CERTIFICATE. EXHIBIT-P10: TRUE COPY OF THE COMMUNICATION DATED 9.4.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT-P11: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT-P12: TRUE COPY OF THE REPRESENTATION DATED 12.6.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.