BIJU Y. S. Vs. DRUGS CONTROLLER, THIRUVANANTHAPURAM

JUDGEMENT

(1.) This Writ Appeal is filed challenging the interim order dtd. 31/1/2025 of the learned Single Judge in W.P.(C) No.41978 of 2024. Appellants were the petitioners in the W.P.(C) and respondents 1 and 2 were the respondents therein.

(2.) The W.P.(C) was preferred by the appellants/petitioners inter alia seeking to declare that the respondents have no right, authority or jurisdiction to issue any prohibitory orders preventing the appellants/petitioners and other medical shop owners from selling the drugs/medicines/medical preparations below the Maximum Retail Price (MRP) or offering the same for sale at such price below the Maximum Retail Price. An ancillary prayer to quash Ext.P8 proforma affidavit and Ext.P19 circular issued by the 1st respondent to ensure compliance of the above prohibition was also sought in the W.P.(C). It is submitted that an interim order staying Ext.P8 and Ext.P19 as sought for had been initially granted which however was modified later subsequent to the impleadment of additional respondents 3 to 7 in the party array. The grievance of the appellants is confined to the single sentence of the impugned interim order which clarified the earlier interim order, directing that the appellants/petitioners shall not advertise regarding the sale of drugs and pharmaceuticals below the retail price in front of their shop rooms. The appellants thus seek to set aside the interim order of clarification in the W.P.(C) which is presently pending consideration before the learned Single Judge.

(3.) Heard Sri.Babu Karukapadath, Advocate for the appellants/ petitioners, Sri.Sunil Kumar Kuriakose, the learned Government Pleader for respondents 1 and 2/respondents and Smt.P.Ushakumari, Advocate for additional respondents 3 to 7.