LAWS(MAD)-2007-12-72

A SWAMINATHAN Vs. DISTRICT COLLECTOR

Decided On December 14, 2007
A.SWAMINATHAN Appellant
V/S
ASSISTANT EXCISE COMMISSIONER Respondents

JUDGEMENT

(1.) HEARD Mrs. Hemalatha, the learned counsel appearing for the petitioner and Mr. D. Srinivasan, the learned Additional Government Pleader appearing for the respondents.

(2.) IT is stated that the petitioner is the proprietor of M/s. Vijay Ayurveda Pharmacy, Thenkaikaran Kudi Iruppu, Agastheeswaram, Kanyakumari District. The petitioner has been issued with a licence to manufacture Ayurvedic drugs intended for sale. The licence has been issued in Form 25-D, under Rule 154 of The Drugs and Cosmetics Rules, 1945. The licence is valid for the period from 2. 8. 1999 to 31. 12. 2000.

(3.) IT is further stated that the fifth respondent had inspected the petitioner's shop on 14. 12. 1999 and had threatened to close it without stating any reason for his action. Similarly, the other respondents have also issued similar threats to the petitioner. Since the licence has been issued to the petitioner by the Competent Authority, namely, the Drugs Controller, Chennai, after satisfying all the requirements prescribed by law, the respondents have no right or jurisdiction to interfere with the rights of the petitioner in running the business as per the licence issued in his favour.