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Madras High CourtWP/2951/2020withdrawn dismissed

M/S. Jaiswal Products, v. The Designated Officer,

2023-04-10Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P. Nos.3433, 3434, 3478, 3480, 3526 and 3532 of 2020 M/s.Jaiswal Products Represented by E. Inbarasu ...

Petitioner in all writ petitions Vs

1. The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, Old Board Buildings Campus, Salem - 636 001.

2. The Commissioner of Food Safety Tamil Nadu Food and Drug Administration Anna Salai, Chennai.

3. The Food Safety & Standards Authority of India (FSSAI), FDA Bhawan, Kotta Road, New Delhi - 110 002.

...

Respondents in all writ petitions 1/4

W.P. No.2951 of 2020 : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records on the file of the 1st respondent in his Proceedings in R.No.1229/A3/FSSA/2019, dated 12.11.2019 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 06.03.2017, 07.09.2017 and 02.12.2016 passed in respect of the above product by the Referral Food Laboratories situated in Pune and Mysore respectively. W.P. No.2985 of 2020 : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records on the file of the 1st respondent in his Proceedings in R.No.

792/A3/FSSA/2019, dated 14.08.2019 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 06.03.2017, 07.09.2017 and 02.12.2016 passed in respect of the above product by the Referral Food Laboratories situated in Pune and Mysore respectively. W.P. No.3019 of 2020 : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records on the file of the 1st respondent in his Proceedings in R.No.792/A3/FSSA/2019, dated 14.08.

2019 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 06.03.2017, 07.09.2017 and 02.12.2016 passed in respect of the above product by the Referral Food Laboratories situated in Pune and Mysore respectively. For Petitioner in all writ petitions : Mr.D. Saikumaran For Respondents in all writ petitions : Mr.K.M.D. Muhilan, Addl. Govt.

COMMON ORDER The learned counsel for the petitioner in these writ petitions submits that subsequent to passing of final orders in W.A. No.2093 of 2018 batch, dated 20.01.2023, the impugned Notification was quashed. He has made the following endorsement in the Court bundle : In view of the final orders passed in W.A. No.2093 of 2018 batch, dated 20.01.2023, the impugned notification itself is quashed. Therefore, the petitioner is withdrawing the W.P. Nos.2951, 2985 and 3019 of 2020.

2. In view of the endorsement made by the learned counsel for the petitioner, these Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are also closed. 10.04.2023 Index: Yes/ No Speaking order / Non speaking order vsi2 3/4

M.DHANDAPANI, J.

vsi2 To

1. The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, Old Board Buildings Campus, Salem - 636 001.

2. The Commissioner of Food Safety Tamil Nadu Food and Drug Administration Anna Salai, Chennai.

3. The Food Safety & Standards Authority of India (FSSAI), FDA Bhawan, Kotta Road, New Delhi - 110 002.

10.04.2023 4/4