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2026 Supreme(Online)(Mad) 349

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
NATURAL CAPSULES LTD – Appellant
Versus
THE SECRETARY TO GOVERNMENT (Health) – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

and WMP.No.135 of 2026

Natural Capsules Ltd.,

Rep by its Managing Director

R.S.No.84, Perambai Road

Pitchaiveeranpet

Puducherry – 605 010. ... Petitioner

Vs.

1.The Secretary to Government (Health-cum-Appellate

Authority) under Drugs & Cosmetics Act 1940

Department of Health & Family Welfare

Goubert Avenue, Beach Road

White Town, Puducherry – 605 001.

2.The Licensing Authority

Department of Drugs Control

Govt. of Puducherry I Floor, Indira Nagar

Gorimedu, Puducherry – 605 006. ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to take up the Appeal bearing Representation dated 24.12.2025, give an opportunity of personal hearing to it and pass orders on merits within the time that may be fixed by this Court and direct the respondents to keep the Order bearing

No.DDC/NCL/SO/2025-12/1510 dt.22.12.2025 passed by the 2nd respondent in abeyance till such disposal and pass orders.

For Petitioner : Mr.T.P.Manoharan, Senior Counsel for Mr.T.M.Naveen For Respondents : Mr.R.Sreedhar Additional Government Pleader (Pondy)

for R1 & R2

ORDER

The writ petition has been filed for the following relief :

“To issue a Writ of Mandamus directing the 1st respondent to take up the Appeal bearing Representation dated 24.12.2025, give an opportunity of personal hearing to it and pass orders on merits within the time that may be fixed by this Court and direct the respondents to keep the Order bearing No.DDC/NCL/SO/2025-12/1510 dt.22.12.2025 passed by the 2nd respondent in abeyance till such disposal and pass orders.”

2. The case of the petitioner is that it is a Public Limited Company engaged in the business of manufacturing and selling “Empty Hard Gelatin Capsule Shells and “Empty Hard Cellulose Capsule Shells’ to the pharmaceutical industries, under a registered licence. They have, as their clientele, over 300 pharmaceutical manufacturing companies and distributors/traders in India and are exporting their products to over 25 countries all over the world. They have commenced their business in the year 2003. The petitioner is also providing direct employment to about 250 persons, which includes women, and indirect employment to about 2000 persons.

3. M/s.Golden Capsules Ltd., is one among their purchasers and it had obtained its licence from the second respondent in the year 2007. It had its units, both at Sokkanathanpet, Puducherry as well as at Mettupalayam, Puducherry. It had placed orders with the petitioner for supply of Empty Capsule Shells. The petitioner had raised invoices for the supplies made by them to both the units of Golden Capsules Ltd., The petitioner would further submit that its business transactions with Golden Capsules Limited which started from 2007 continued till September 2024 and thereafter, there was no business dealings from October 2024 to date. Except for the supply of Empty Capsule Shells, the petitioner has no other dealings with the said M/s.Golden Capsules Ltd., 4. Be that as it may, on 01.09.2025, the officials of the Central Drug Authority and the Department of Drugs Control, Puducherry had inspected the premises of the Golden Capsule Shells and on enquiry, they found that M/s.Golden Capsules Ltd., has a licence to store the Empty Capsule Shells only at its unit at Sokkanathampet, Puducherry and not at Mettupalayam, Puducherry. On the same day, the said authorities have inspected the premises of the petitioner and same was informed to them.

5. The petitioner would submit that they were intimated by the Golden Capsules Limited about the change of its registered address at Mettupalayam, vide its emails dated 03.05.2018 & 24.05.2018. Hence, the petitioner was under the impression that by following the due procedure under law, the Golden Capsules Company had its registered unit at Mettupalayam, Puducherry also.

6. The petitioner would further s

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