Legal Question in Business Law in India

Distrance Restriction for Drug Stores

I want to start a Medical Store in our own building at

Sasthamcotta, Dist. Kollam, Kerala State. The decoration is

completed.

The Drug Inspector advised that recently, no permission is

given for new Medical Stores where there is another Medical

Store within 100 metres. However, an existing Medical Store

could be shifted to another location where the 100 metre

restriction is not considered.

My building is in the corner of two adjoining roads.

There is no other Medical Store on the same side of the

road to the South and to the East even for a KM.

Opposite side of the Road, there is Medical Store within

100 m.

I have no other building of our own anywhere else. The building is near to the Taluk Hospital and other private

clinics. Whether this distance restriction near to such a Hospital and Clinics is valid? I am not technically qualified to do some other business. My son is a Doctor. I am a Non - Resident Indian.

I want to do this business and settle in India.

How can I get permission from the Drug Control Department

to start a Medical Store in my own building near the Taluk Hospital and other Private Clinics?

Should I approach the High Court / the Health Minister /

the Drug Controller in Kerala / Delhi?


Asked on 9/14/04, 2:34 pm

4 Answers from Attorneys
Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: Distrance Restriction for Drug Stores

Dear Friend,

It is surprising that the controller is taking such a stand in your case. It is very frequent to find medical stores close by.

If he insists on such a unreasonable stand, ensure that you get a reply in writing. You can challenge his order in High Court.

Unlike liquor vendors, medical shops are a public necessicity, and it is in public interest that there are as many shops as close as possible.

Hope this helps.

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Answered on 9/14/04, 10:32 pm
M G Kumar M G Kumar Law Firm

Re: Distrance Restriction for Drug Stores

UNDER THE DRUGS AND COSMETICS ACT 1940 AND THE DRIGS AND COSMETIC RULES 1945, there is absolutely no such restiction as to any distance between two chemist shops. Therefore the drug inspector is definitely mis-leading you. You may submit your application for retail licencse in prescribed manner and if the same is rejected on the above ground, it shall be illegal and you may file a writ before kerala high court challenging the illegal order of rejection.

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Answered on 9/16/04, 2:35 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: Distrance Restriction for Drug Stores

If the order of the drug controller is arbitrary and unreasonable, then you can file a Writ petition before the High Court and obtain a direction in the nature of MANDAMUS to the drug Controller. However, before filing go thru the particular laws which operate on the subject-matter.

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Answered on 9/15/04, 1:47 am
Mohit Suri Mlegal: The International law firm in India

Re: Distrance Restriction for Drug Stores

I do not feel that the stand taken by drug controller is correct. If the local government has such a rule you should verify.

If this is a rule then:

1) Rent a shop elsewhere and shift it to your present address.

If there is no such rule then:

If he insists on such a unreasonable stand, ensure that you get a reply in writing. You can challenge his order in High Court.

You still have a problem feel free to get in touch with me. There is no problem without a solution.

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Answered on 9/15/04, 4:06 am


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