JUDGMENT :

S. MANIKUMAR, J.

1. Petitioners have sought for a mandamus directing the respondents to take effective measures through its mechanisms, to seize the plastic containers from the manufacturers of homeopathic medicines and from the clinics in the State of Kerala, by conducting a special drive for seizure and prosecute the offenders for violation of the provisions of Drugs and Cosmetics Act, 1940.

2. Petitioners have also sought for a mandamus directing the respondents to educate citizens, by way of advertisement in newspapers, through Public Relations Department and in other visual media, about the adverse effect of using plastic containers for storing homeopathic medicines.

3. Having heard the submissions of the learned counsel for the parties, on 22.01.2021, we ordered thus:

“3. Inviting the attention of this Court to Rule 85-E (2) of the Drugs and Cosmetics (Amendment) Rules, 2006 read with Schedule M1, Mr. Surin George Ipe, learned Senior Government Pleader submitted that, it is for the manufacturers of Homeopathic medicines, not to use plastic containers, and that the said condition cannot be extended to the end users. Referring to Exts.P4 to P6, learned Senior Government Pleader further submitted that instructions issued were only to the Homeopathic manufacturers, to use glass containers, instead of plastic containers, for making medicine and not for the end users.

4. However, Ext. P5 dated 28.09.2012, letter of the Principal Secretary to the Government, Health and Family Welfare (J) Department, Thiruvananthapuram, addressed to Dr. Shruthi Algundgi, Reg. No. H-440/2009, D-2, Gulmohar Co-op. Hsg. Society, Khadpabandh, Ponda, Goa, shows that, instruction has already been given to the Director of Homeopathy and Managing Director, Kerala State Homeopathic Co-operative Pharmacy Ltd., to use glass containers, instead of plastic containers, for keeping Homeo medicines, by Government letter dated 18.02.2012.

Mr. Surin George Ipe, learned Senior Government Pleader, is directed to ascertain as to whether the Kerala State Homeopathic Co-operative Pharmacy Ltd. is a manufacturer of Homeopathy medicines. He is also directed to get a copy of the letter dated 21.08.2018, referred to in Ext. P5.”

4. On this day, when the matter came up for further hearing, referring to the certificate of renewal of licence to manufactures for sale of homeopathic medicines, issued by the Drugs Controller and Licensing Authorities, Government of Kerala, respondent No. 2, Mr. Surin George Ipe, learned Senior Government Pleader, submitted that the Kerala State Homeopathic Co-operative Pharmacy Limited is a manufacturer of homeopathic medicines, and that, having regard to the instructions issued earlier, the said manufacturer has been directed to use glass containers, instead of plastic containers, in the process of manufacture.

5. Inviting the attention of this Court to the name of the 2nd writ petitioner - Dr. Shruti Kavlekar, and the name mentioned in Exhibit-P2 document, learned Senior Government Pleader submitted that the note enclosed as Exhibit-P2, suggesting use of glass containers, instead of plastic containers, was written by none other than the 2nd petitioner, namely, Dr. Shruti Kavlekar, who is a manufacturer of glass containers, in the name and style “Shruti Pharmapacs, Pon