M/S.Murali Lal Harish Chandra Jaiswal Pvt Ltd v. The Commissioner Of Food Safety
2024:MHC:1222
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.Nos.4457, 16569, 21220 & 8095 of 2022, and W.M.P.Nos. 4587, 4588, 15849, 20202, 20203, 8072 & 8075 of W.P.No.4457 of 2022 M/s. Murari Lal Harish Chandra Jaiswal Pvt Ltd., Rep. By its Authorized Signatory, Mr.K.Prabhakaran, 6043, Naya Bans, Delhi - 110006.
.. Petitioner vs W.P.No.16569 of 2022 M/s. Murari Lal Harish Chandra Jaiswal Products, Rep. By its Authorized Signatory, Mr.K.Prabhakaran, Preeth Vihaar, Patparganj Indl Area, Delhi - 110 092.
.. Petitioner vs 1/6
The Designated Officer, Old Board Buildings Campus, Salem - 636 001.
.. Respondent W.P.No.21220 of 2022 M/s. Murari Lal Harish Chandra Jaiswal Products, Rep. By its Authorized Signatory, Mr.K.Prabhakaran, Preeth Vihaar, Patparganj Indl Area, Delhi - 110 092.
.. Petitioner vs 1.The Designated Officer, No.33, West Jones Road, 2.The Commissioner of Food Safety, Food Safety and Drug Administration, 259, Anna Salai, DMS Campus, W.P.No.8095 of 2022 M/s. Murari Lal Harish Chandra Jaiswal Pvt Ltd, Rep. By its Authorized Signatory, Mr.K.Prabhakaran, Patparganj Indl Area, Delhi - 110 092.
.. Petitioner vs 2/6
Prayer in W.P.No.4457 of 2022:
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records on the file of 2nd respondent in his proceedings vide Lr.No.795/DO/CH/FSSA/2021-22 dated 04.01.2022 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 & 04.12.2020 passed in respect of the above product by the Referral Food Laboratories situated in Pune and Mysore respectively.
Prayer in W.P.No.16569 of 2022:
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records on the file of the respondent vide his proceedings in R.No.1156/FSSA/2022-23 dated 10.06.2022 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 & 04.12.2020 passed in respect of the above product by the Referral Food Laboratories situated in Pune and Mysore respectively.
Prayer in W.P.No.21220 of 2022:
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records on the file of 1nd respondent vide his proceedings in R.No.1132/D.O/CH/FSSA/2022-23 dated 20.07.2022 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 & 04.12.2020 passed in respect of the above product by the Referral Food Laboratories situated in Pune and Mysore respectively.
Prayer in W.P.No.8095 of 2022:
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified 3/6
mandamus calling for the records on the file of 2nd respondent in his proceedings vide Lr.No.764/DO/CH/FSSA/2021-22 dated 15.12.2021 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 & 04.12.2020 passed in respect of the above product by the Referral Food Laboratories situated in Pune and Mysore respectively.
For Petitioner :
Mr.D.Saikumarran (in all writ petitions) For Respondents :
Mr.P.Kumaresan Additional Advocate General assisted by Mr.K.Tippu Sultan Government Advocate ` (in all writ petitions) COMMON ORDER In these four writ petitions, the impugned orders have been passed contrary to the principles of natural justice insofar as it is only in the case of one petition (impugned order dated 20.07.2022) where the petitioner has been heard prior to passing of the order. In all other cases, the impugned order has come to be passed without hearing the petitioners.
2.
In such circumstances, and since Mr.Kumaresan, learned Additional Advocate General would also fairly accede to the position that there has been no hearing of the petitioners prior to passing of the impugned orders dated 04.01.2022, 10.06.2022 and 15.12.2021 respectively, let the petitioners appear before the 4/6
Designated Officer, Tamil Nadu Food Safety & Drug Administration Department, Saidapet, Chennai- 600 015 on Friday i.e., 15.03.2024 for re-hearing of the appeal. Orders, de novo, will be passed prior to 19.04.2024 in accordance with law and the Food Safety Standards, Act 2006 and allied Rules.
3.
Impugned orders are set aside on the short point of violation of principles of natural justice alone. These writ petitions stand disposed in terms of this order. No costs. Connected miscellaneous petitions are closed.
07.03.2024 Index:Yes/No ssm To Saidapet, Chennai- 600 015
3. The Designated Officer, Old Board Buildings Campus, Salem - 636 001.
5/6
DR. ANITA SUMANTH,J.
ssm W.P.Nos.4457, 16569, 21220 & 8095 of 2022 07.03.2024 6/6