G.Thirumani v. The Chief Executive Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 10559 of 2019 G. Thirumani ... Petitioner -Vs1.The Chief Executive Officer, Food Safety and Standard Authority of India, Ministry of Health and Family Welfare Department, 3rd and 4th Floor, FDA Bhawan, Kotla Road, New Delhi - 110 002.
2.The Commissioner, Food Safety and Standard Authority of India, 6th Floor, DMS Office Building, No.359, Anna Salai, DMS Campus, Teynampet, Chennai - 600 006.
3.The Designated Officer, Office of the Deputy Director of Health Services, Kancheepuram Campus, No.42-A, Railway Road, Kancheepuram - 631 501.
4.The Food Safety Officer, Government Primary Health Centre, Kundrathur.
5.The Commissioner, Corporation of Chennai, Ripon Building, Poonamallee High Road, Chennai.
6.Mr. Raj Kumar 7.Mr. Kumar
8.The Commissioner, Poonamallee Municipality, (Opp to Blind School), Kandasamy Nagar, Poonamalle, Chennai - 600 056.
... Respondents (Eighth Respondent impleaded vide order dated 16.08.2019 in W.M.P. No. 23853 of 2019) Prayer :Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Third Respondent to consider the representation dated 07.03.2019 by the Petitioner herein.
For Petitioner : Mr. D. Manimaran For Respondents : Mr. Su. Srinivasan for R1 Mr. M. Karthikeyan for R2 to R4, Additional Government Pleader Mr. Srinivasan for Mr. M. Arul for R6 & R7 Mr. G.Anantharangan for R5 and R8
O R D E R
The Writ Petition has been filed for directing the Third Respondent to consider the representation dated 07.03.2019 made by the Petitioner.
2.
The Third and Fourth Respondents have filed Counter Affidavit stating that they have inspected the hotel premises of the Seventh Respondent and issued notice under Section 63 of the Food Safety and Standards Act, 2006 (hereinafter referred to as the 'Act' for brevity), on 20.05.2019 to the Seventh Respondent requiring him to obtain license to run the said hotel, apart from pointing out to rectify certain other irregularities, which have been identified.
3.
It is further contended that the Fourth Respondent has once again inspected the premises of the Seventh Respondent on 09.08.2019 and has found that neither the defects pointed out earlier were rectified nor the Seventh Respondent had applied for license to run the hotel. In such circumstances, it was recommended for the closure of the hotel under Section 31 of the Act, until proper and valid license was obtained. The Seventh Respondent has also given a written undertaking stating that he
will not run the hotel without valid licence. A photograph has been produced before this Court showing that the said hotel has been closed. Nothing remains for further consideration in the matter.
4.
Recording the aforesaid subsequent events, the Writ Petition is disposed. It is also made clear that if the Seventh Respondent re-commences business without licence or rectifying the defects, it is open to the Petitioner to seek necessary redressal before the proper forum in that regard. No costs. Sd/- Assistant Registrar (Insp cell) //True Copy// Sub Assistant Registrar vji To 1.The Chief Executive Officer, Food Safety and Standard Authority of India, Ministry of Health and Family Welfare Department, 3rd and 4th Floor, FDA Bhawan, Kotla Road, New Delhi - 110 002.
2.The Commissioner, Food Safety and Standard Authority of India, 6th Floor, DMS Office Building, No.359, Anna Salai, DMS Campus, Teynampet, Chennai - 600 006.
3.The Designated Officer, Office of the Deputy Director of Health Services, Kancheepuram Campus, No.42-A, Railway Road, Kancheepuram - 631 501.
4.The Food Safety Officer, Government Primary Health Centre, Kundrathur.
5.The Commissioner, Corporation of Chennai, Ripon Building, Poonamallee High Road, Chennai.
6.The Commissioner, Poonamallee Municipality, (Opp to Blind School), Kandasamy Nagar, Poonamalle, Chennai - 600 056.
+1cc to Mr.D. Manimaran Advocate, S.R.No.70031 +1cc to Mr.Su. Srinivasan Advocate, S.R.No.69693 +1cc to the Government Pleader, S.R.No.70243 NRJK(CO) CB(27/09/2019) W.P. No. 10559 of 2019