Kfc Restaurant, v. The Adjudicating Officer Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2021 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.21369 of 2018 and W.M.P.Nos.25048 & 25049 of 2018 KFC Restaurant, Rep. by its Manager, A.D.Harissh Deepak

...Petitioner

Vs 1.The Adjudicating Officer cum District Revenue Officer, Tiruvallur, Tiruvallur District.

2.The Commissioner of Food Safety, No.359, Anna Salai, DMS Campus, Teynampet, Chennai -6.

3.The Designated Revenue Officer, (TNFS 7 DA Department), Office of the D.D.H.S. Campus, No.54/1, Asoori Street, Tiruvallur - 602 001.

... Respondents Prayer Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Certiorari, calling for the entire records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.18940/2015/S1, dated 04.08.2017 and quash the same.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.Shahjahan Special Government Pleader

ORDER

This Writ Petition has been filed, for the issuance of Writ of Certiorari, calling for the entire records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.18940/2015/S1, dated 04.08.2017 and quash the same. 2.When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the respondents submitted that, the alternative remedy is available for the https://hcservices.ecourts.gov.in/hcservices/

petitioner before the Appellate Tribunal under Food Safety and Standard Act, which was constituted subsequent to the filing of the Writ Petition.

3.The learned counsel for the petitioner also submitted that liberty may be granted to the petitioner to approach the Appellate Tribunal.

4.Recording the submissions made by either side counsel, this Writ Petition is disposed of with the direction to the petitioner to approach the Appellate Tribunal, DMS Complex, Teynampet, within a period of two months from the date of receipt of a copy of this order. In such case, the Tribunal shall consider the case of the petitioner on merits. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS VIII) /true copy/ Sub Assistant Registrar rst To 1.The Adjudicating Officer cum District Revenue Officer, Tiruvallur, Tiruvallur District.

2.The Commissioner of Food Safety, No.359, Anna Salai, DMS Campus, Teynampet, Chennai -6.

3.The Designated Revenue Officer, (TNFS 7 DA Department), Office of the D.D.H.S. Campus, No.54/1, Asoori Street, Tiruvallur - 602 001.

copy to The Appellate Tribunal, (Under Food Safety and Standard Act) DMS Complex, Teynampet.

W.P.No.21369 of 2018 and W.M.P.Nos.25048 & 25049 of 2018 PMK(CO) KM(01/02/2022) https://hcservices.ecourts.gov.in/hcservices/