C THARMARAJ Vs. DIRECTOR OF DRUG CONTROL &

JUDGEMENT

(1.) W.P.No.24789 of 2007 and W.P.No.11529 of 2005: The petitioner is the proprietor of a pharmacy known as Mamuni Ayurvedic Pharmacy at Mangalathan Vilai, Mangarai Post, Kanyakumari District. The petitioner obtained a valid licence in the Form 25-D under the Drugs and Cosmetics Act, 1940 from the Director of Drugs Control, Chennai for manufacturing and selling the Ayurveda Medicines which are listed in the licence itself, namely, Kanakasavam, Jeeraka Aristam and Asoka Aristam. The validity period of the said licence is between 31.10.2000 to 31.12.2001, subject to periodical renewal. Subsequently, the licence was renewed up to 31.12.2005. Admittedly, the petitioner has made an application for renewal of the said licence for a further period beyond 31.12.2005 and the same is still pending consideration.

(2.) THE further case of the petitioner is that the police officers having jurisdiction over that area very often interfered with his business unnecessarily on the allegation that the petitioner did not have L2 licence as required under the Medicinal and Toilet Preparations (Excise Duties) Act 1955. Since the authorities insisted that the petitioner should not prepare any of the above said medicinal preparations as per the Drug licence, the petitioner made an application to the second respondent on 10.07.2002 for L2 licence for manufacture of the above said Ayurvedic Medicines. THE second respondent rejected the same by his order dated 13.02.2003. Challenging the said order, the petitioner preferred an appeal on 09.04.2003 before the first respondent.

(3.) DESPITE the above position, according to the petitioner, since the respondents herein were interfering with the manufacture and sale of the above stated Ayurvedic Medicines, he filed a writ petition in W.P.No.44586 of 2002, for a writ of mandamus, to forbear the respondents from interfering in any manner with the right of the petitioner to carry on manufacturing and sale of Kanakasavam, Jeeraka Aristam and Asoka Aristam as authorized under the name and style of Mamuni Ayurvedic Pharmacy under Drug licence No.982, dated 22.12.2000, which was renewed up to 31.12.2005. Since the authorities interfered with the business of even the agents of the petitioner, according to him, he had to file another writ petition in W.P.No.21936 of 2003 for a writ of mandamus, to forbear the second respondent and other authorities from interfering with the sale and transportation of the above said Ayurvedic Preparations. The petitioner has further averred that this court directed the Commissioner of Prohibition and Excise, the first respondent herein to dispose of the appeal of the petitioner dated 09.04.2003 filed against the rejection of the request of L2 licence by the second respondent.