Madras High Court
2F/1A vs The State Of Tamil Nadu on 14 July, 2020
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan, P.Rajamanickam
WP(MD)No.7575 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:14.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
and
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
W.P(MD)No.7575 of 2020
and
W.M.P.(MD).No.7062 of 2020
Democratic Corruption Liberation Front
Political Party Registration No.56/225/2013/PPS-1,
2F/1A, Neduganvilai
Ponnappa Nadar Nagar,
Nagercoil-629 004
rep. Through its Coordinator, Madurai
Mr.A.Joel Sugumar. ... Petitioner
Vs.
The State of Tamil Nadu
rep. Through its Secretary to Government
Health Department
Fort St. George,
Chennai-9. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus directing the respondent
to ensure the sale of Paracetamol tablets through Pharmacies by following
Schedule K of Drugs and Cosmetics Rules, 1945 and to ensure the
availability of Paracetamol over the counter without prescription of Medical
Practitioner by considering the representation made on 26th June, 2020.
For Petitioner : Mr.T.A.Ebenezer
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WP(MD)No.7575 of 2020
For Respondents : Mr.VR.Shanmuganathan
Special Government Pleader
*****
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J.) The writ petition is styled as a Public Interest Litigation, filed by a registered political party, which is said to be aggrieved by the oral instructions as to the non-dispensation of the tablet Paracetamol.
2.The learned counsel appearing for the petitioner would submit that Covid-19 Pandemic virus is spreading very fast and as on date, no vaccine is found to prevent the said onset nor remedial medicine is available to treat the said pandemic.
3.It is the further submission of the learned counsel appearing for the petitioner that Covid-19 patients fall under two categories namely
i)A-Symptomatic and ii)Symptomatic and some of them are also expressing, fever, for which medicine available across the State, is paracetemol tablets under various trade names.
4.The learned counsel appearing for the petitioner would submit that it is the primordial grievance of the petitioner that unofficial instructions were given to the pharmacies not to dispense with http://www.judis.nic.in 2/4 WP(MD)No.7575 of 2020 paracetemol tablets across the counter and on account of the same, patients with mild symptoms such as fever is unable to get paracetemol tablets, though the sale of the same is not at all prohibited under Rule 124 r/w sub-clause 13(2) of Schedule K of Drugs and Cosmetics Rules, 1945 and the petitioner in this regard submitted a representation on 26.06.2020 to the respondent, for which, no acknowledgment is available and prays for appropriate action.
5.Mr.VR.Shanmuganathan, learned Special Government Pleader, accepts notice on behalf of the sole respondent and would submit that even as per the representation of the petitioner said to have been addressed to the respondent, it is only an unofficial instruction and the petitioner laid the foundation of the case, based on mere surmises and conjectures and in the light of the same, this Court may not issue any positive order and hence, prays for dismissal of the writ petition.
6.This Court has carefully considered the rival submissions and perused the materials.
7.In the light of the above stated provision of the Drugs and Cosmetic Rules r/w Schedule K of the said Rule, the sale of paracetemol tablets across the counter without prescription, cannot be prohibited. But http://www.judis.nic.in 3/4 WP(MD)No.7575 of 2020 at the same time, it is also brought to the knowledge of this Court by the learned Special Government Pleader that some of the patients with hide symptoms are also taking the said drug for the purpose of suppressing the system, so that, they need not undergo the prescribed Covid test to detect the virus. Of course, these kind of things may happen some times and it cannot be cited as a reason to ban the sale of the said drugs across the counter without prescription.
8.In view of the above facts, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[M.S.N., J.] [P.R.M., J.]
14.07.2020
Index : Yes / No
Internet : Yes / No
vs
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
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and P.RAJAMANICKAM, J.
vs To The Secretary to Government The State of Tamil Nadu Health Department Fort St. George, Chennai-9.
W.P(MD)No.7575 of 2020
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