B KANTILAL Vs. ASSISTANT DIRECTOR OF DRUG CONTROL

JUDGEMENT

(1.) The prayer in the writ petition is for issue of a writ of Certiorarified Mandamus to quash the order passed by the second respond in G.O.(Rt).No.867 dated 27.05.2009, confirming the order of the first respondent dated 08.05.2007 and to direct the respondents to effect the change in the constitution of the firm and grant license in favour of the petitioner to run his medical shop.

(2.) The facts leading to the filing of the writ petition are as stated hereunder.

(3.) The petitioner's father was granted a license to sell, stock and exhibit for sale and distribute drugs by retail other than those specified in schedule 'C' and C(1) and X of the Drugs and Cosmetics Rules 1945. In terms of the license, the petitioner's father carried on business at Old No.12, New No.25, LB Road, Adayar, Chennai 20. It is stated that the petitioner herein is a diploma holder in pharmacy, having obtained the qualification in 1990 and was running the business with his father. The license initially granted stood renew from time to time. On 22.07.2006, the petitioner's father died leaving behind the petitioner and other legal heirs. In terms of condition No.6 of the license r/w Rule 61(1) and 61(2) of the Drugs and Cosmetics Rules, if there is any change in the constitution of the firm operating the license, such change in constitution shall be deemed to be valid period of three months from the date on which the change takes place, unless in the meantime a fresh license has been taken from the licensing authority in the name of the firm with the changed constitution.