ENOCH PHARMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE writ applications are the after-math of my judgment in O. P. Nos. 891 and 1064 of 1963. The two petitioners in these original petitions, are respectively the petitioner in O. P. 1064 and O. P. 891/1963. Those writ applications were dismissed by me on the ground that they had become infructu-ous, I then made it clear that the petitioners, if so advised, may move this Court afresh in regard to the licenses for the year 1964-65. They have challenged those licenses in these petitions.

(2.) IT is alleged in the affidavit in support of the petitioners -- and this is not denied-- that the two petitioners have been engaged in the production of medicinal preparations for a number of years commencing from 1959. They used to apply for licenses in accordance with the provisions of the Medicinal and Toilet Preparations (Excise Duties) Act, 1955, and the rules made thereunder for the production of the articles required by them and those applications used to be granted. But when they applied for licences for the year 1963-64, licenses were granted only to a limited extent for certain items and license was totally denied for certain items. It was in those circumstances that the earlier writ applications, O. P. No. 891 and O. P. No. 1964, were moved in this Court.

(3.) IN Ext. P 4, it is said :