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Judgment
S. Siri Jagan, J.—The petitioner Company is a Drug manufacturing Company. The 3rd respondent contracted with the petitioner Company for supply of medicines. In respect of supply of medicines, alleging that the petitioner has not shown batch number, manufacturing date and expiry date in strips of medicines, proceedings were initiated by the 3rd respondent, which resulted in Ext.P5 order, whereby the contract between the 3rd respondent and the petitioner was cancelled and the petitioner was also blacklisted. Against the same, the petitioner has filed Ext.P8 appeal. According to the petitioner, in view of Ext.P7, the petitioner''s appeal is likely to be allowed. But, because of the blacklisting, the petitioner is not able to participate in contract of other companies also. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:
(a) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider Exts.P8 appeal, in the light of the guidelines issued by the Ministry of Health, Government of India, in Ext.P7, after affording an opportunity of hearing to the petitioner company;
(b) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to refrain from enforcing Ext.P5 order as regards it relates to the blacklisting of the petitioner in any manner till the disposal of Ext.P8 appeal;
(c) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to remove the name of the petitioner company from the list of blacklisted lot, in the website viz., www.kmscl.kerala.gov.in, forthwith.
The learned Standing Counsel for the 3rd respondent argues to justify Ext.P5 order. I am of opinion that I am not called upon to decide the validity of Ext.P5 order in this writ petition. But, at the same time, the 2nd respondent has a duty to consider Ext.P8 appeal expeditiously.
Accordingly, this writ petition is disposed of with the following directions:
The 1st respondent shall consider and pass orders on Ext.P8 appeal taking into account Ext.P7 also, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, after affording an W.P.(C)No.4965/12 3 opportunity of being heard to the petitioner. Till orders are passed, the blacklisting ordered in Ext.P5 order would stand stayed.