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2025 Supreme(Online)(Mad) 58014

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
MOHAMMED KHASIM – Appellant
Versus
THE DIRECTOR OF DRUGS CONTROL – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-06-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP Nos. 14956 & 22077 of 2025 WMP Nos. 16842, 16846, 24828, 24829, & 24830 of 2025 WP No. 14956 of 2025 Mohammed Khasim Petitioner(s)

Vs

1. The Director Of Drugs Control Government of Tamil Nadu, D.M.S. Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

2.The Assistant Director Of Drugs Control Zone - III, D.M.S. Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

3.M.S. Govindarajan

4.R. Chitra Respondent(s)

PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Ref No.1464/ADDC/ZIII/2024 dated 04.03.2025 of the 2nd respondent and quash the same and consequently, directing the 2nd respondent to renew the drug licence of Petitioner's medical shop i.e. Shanthi Medicals Shop at No. 98, Bharathi Salai, Royapettah, Chennai - 600 014 within time stipulated fixed by this Court.

For Petitioner(s): Mr.L.G.Sahadevan for Mr.A.Ilayaperumal For Respondent(s): Mr.E.Sundaram Government Advocate for R1 and R2 Mr.M.Sridhar for R3 and R4 WP No. 22077 of 2025 Mohammed Khasim Petitioner(s)

Vs

1. The Director Of Drugs Control Government of Tamil Nadu, D.M.S. Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

2.The Assistant Director Of Drugs Control Zone - III, D.M.S. Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

3.The Drugs Inspector, Mylapore Range, Chennai.

4.M.S. Govindarajan

5.R. Chitra Respondent(s)

PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Ref No.1464/ADDC/ZIII/2024 dated 10.06.2025 and quash the same and consequently, directing the 3rd respondent to return all the materials / medicines seized from the petitioner's medical shop i.e. Shanthi Medicals shop at No.98 Bharathi Salai, Royapettah, Chennai-600 014 within time stipulated fixed by this Court.

For Petitioner(s): Mr.L.G.Sahadevan for Mr.A.Ilayaperumal For Respondent(s): Mr.E.Sundaram Government Advocate for R1 to R3 Mr.M.Sridhar for R4 and R5

ORDER

The issue involved in both these Writ Petitions are common and hence, they are taken up together, heard and disposed of through this common order.

2.The petitioner has challenged the proceedings of the 2nd respondent dated 04.03.2025 and sought for a direction to the 2nd respondent to renew the drug licence of the petitioner in order to enable the petitioner to run the medical shop, in W.P.No.14956 of 2023.

3.The petitioner has questioned the impugned proceedings of the 2nd respondent dated 10.06.2025 and sought for a consequential direction to the Drugs Inspector to return of the materials/medicines seized from the medical shop, in W.P.No.22077 of 2025.

4.The case of the petitioner is that he is running a medical shop with the name and style of Shanthi Medicals for more than 20 years in the subject property. The license was granted by the 2nd respondent on 14.01.2020, to run the shop. The petitioner is basing his right under the Rental Agreement dated 02.08.2019. The petitioner was running the medical shop and there was a dispute with the 3rd respondent in W.P.No.14956 of 2025 (herein after referred to as "3rd respondent" in short) and the 3rd respondent gave a complaint to the police. Ultimately, an FIR came to be registered in Crime No.21 of 2024 for alleged offence under Sections 420, 463, 464 and 645 of IPC. In the meantime, attempt was made to illegally take over possession of the shop and the petitioner filed a suit in O.S.No.3587 of 2022 before the learned XIX Assistant City Civil Court seeking for the relief of permanent injunction not to evict the petitioner unless and otherwise by due process of law. The 3rd and 4th respondents also filed a suit in O.S.No.2364 of 2024 against the petitioner and one Baskaran seeking for the relief of delivery of possessio

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