M/S.Murari Lal Harish Chandra Jaiswal Pvt.Ltd v. The Commissioner Of Food Safety
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.3.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.702 of 2022 & CMP.No.4854 of 2022 M/s.Murari Lal Harish Chandra Jaiswal Pvt. Ltd., rep.by its Authorized Signatory Mr.K.Prabhakaran ...Appellant Vs 1.The Commissioner of Food Safety, 5th Floor, DMS Office Building, 359, Anna Salai, DMS Campus, Teynampet, Chennai-6.
2.The Designated Officer, Tamil Nadu Food Safety & Drug Adminitration Department, Food Safety Wing, 54/1, Asoori Street, Tiruvallur District.
...Respondents
Prayer : Appeal under Clause 15 of the Letters Patent against the order dated 04.1.2022 in WMP.No.29848 of 2021 in W.P.No.28266 of 2021.
Prayer in WMP No.29848 of 2021 in W.P.No.28266 of 2021 : Petition praying that in the circumstances stated therein and in the afidavit filed therewith the High Court will be pleased to issue an order of interim injunction restraining the respondents, or any men acting under them from taking any punitive action in respect of the petitioners product namely, "HANS Chaap Tobacco" in view of the final orders dated 02.12.2016, 06.03.2017, 07.09.2017, 05.11.2020 and 04.12.2020 passed in respect of the above product by the Referral Food Laboratories situated in Pune and Mysore respectively in WMP No.29848 of 2021 pending disposal of the above W.P.No.28266 of 2021.
Prayer in W.P.No.28266 of 2021 : Writ Petition filed under Article 226 of the Constitution of India praying that this Hon'ble Court to issue a Writ of Certiorarified Mandamus or any other Order, Writ or Direction in the nature of Writ calling for the records on the file of the 2nd respondent in his proceedings vide Lr.Ref.No.274/A1/2021 dated 16.11.2021 and quash the same and subsequently direct the respondents and their men from anyway taking any punitive action in respect of the petitioner's product namely, "HANS Chaap Tobacco" in view of the final orders dated 02.12.2016, 06.03.2017, 07.09.2017, 05.11.2020 and 04.12.2020 passed in respect of the above product by the Referral Food Laboratories situated in Pune and Mysore respectively.
For Appellant :
Mr.D.Sai Kumaran For Respondents :
Mr.P.Muthukumar, State Government Pleader
JUDGMENT
(Judgment was delivered by the Hon'ble Chief Justice) Learned counsel for the appellant prays for withdrawal of the appeal with liberty to pursue the pending writ petition and to expedite the hearing of the writ petition, liberty is sought to file a miscellaneous petition before the learned Single Judge. He has also made an endorsement in the bundle today to that effect.
2. As prayed, the writ appeal is dismissed as withdrawn with liberty, as prayed for. Consequently, the connected CMP is also dismissed. There will be no order as to costs. Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar RS To:
1.The Commissioner of Food Safety, 5th Floor, DMS Office Building, 359, Anna Salai, DMS Campus, Teynampet, Chennai-6.
2.The Designated Officer, Tamil Nadu Food Safety & Drug Adminitration Department, Food Safety Wing, 54/1, Asoori Street, Tiruvallur District.
+1cc to Mr.D.Saikumaran, Advocate, Sr.No.20190 +1cc to the Government Pleader, Sr.No.20410 W.A.No.702 of 2022 & CMP.No.4854 of 2022 SPD(CO) RVM(04/04/2022)