M/S.Lion Dates Impex (P) Ltd., v. The Food Safety Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.3682 & 3684 of 2019 M/s.Lion Dates Impex Private Limited, Represented by its General Manager Rohit Joshi, No.27/3, Cauvery Road, Trichirapalli - 620 002.
... Petitioner Vs 1.The Food Safety Officer, Palladam Municipality, Palladam, Tiruppur District.
2.The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, Food Safety Wing, Door Nos.429-431, 4th Floor, Collector Office Campus, Tiruppur - 641 604.
3.The Adjudicating Officer/ District Revenue Officer, Collector Office Campus, Tiruppur - 641 604.
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4.The Food Analyst, Food Analysis Laboratory, Madurai.
5.The Referral Food Laboratory, Pune, Maharastra.
... Respondents (R5 impleaded as per order of this Court dated 19.07.2019 in W.M.P.No.18612 of 2019 in W.P.No.3400 of 2019) Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the connected records of the third respondent herein in Na.Ka.No.11855/2018/K3 dated 24.09.2018 and quash the same and consequently directing the third respondent to adjudicate the issue after getting a report from the Referral Food Laboratory, Pune, Maharashtra. For Petitioner : No appearance For Respondents :
For R1 to R4 : Mr.A.M.Ayyadurai Government Advocate
ORDER
There is no representation on behalf of the petitioner. 2/6
2. The petitioner has challenged the impugned notice dated 24.09.2018 bearing Na.Ka.No.11855/2018/K3 of the third respondent before the Adjudication Officer/District Revenue Officer calling upon the petitioner to appear in person on 05.10.2018 at 3.00 p.m., for adjudicating the complaint made by the second respondent.
3. The petitioner appears to have responded the same by giving reply on 18.10.2018. Before the adjudication of the complaint, the petitioner informed that he had already preferred an appeal before the second respondent against the report of the fourth respondent, the Food Analyst herein by referring the matter to the Referral Food Laboratory, Pune, Maharashtra the fifth respondent herein. Thereafter, the petitioner had requested the third respondent to await for the report of the fifth respondent the Referral Food Laboratory, Pune, Maharashtra.
4. The petitioner has obtained an interim order from this Court. Thereafter, there has been no further progress after the impugned notice dated 24.09.2018. The report of the Referral Food Laboratory, Pune, 3/6
Maharashtra would have been received by the petitioner. Therefore, there is no point in keeping this writ petition pending.
5. The third respondent is therefore directed to complete the proceedings, within a period of six months from the date of receipt of a copy of this order by taking note of the report of the fifth respondent.
6. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
14.10.2022 Index : Yes/ No Speaking/Non-Speaking Order arb 4/6
To 1.The Food Safety Officer, Palladam Municipality, Palladam, Tiruppur District.
2.The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, Food Safety Wing, Door Nos.429-431, 4th Floor, Collector Office Campus, Tiruppur - 641 604.
3.The Adjudicating Officer/ District Revenue Officer, Collector Office Campus, Tiruppur - 641 604.
4.The Food Analyst, Food Analysis Laboratory, Madurai.
5.The Referral Food Laboratory, Pune, Maharastra.
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C.SARAVANAN, J.
arb and W.M.P.Nos.3682 & 3684 of 2019 14.10.2022 6/6