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Madras High CourtWMP/13486/2026ordered

Montel v. The Chief Executive Officer

2026-04-21Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI In W.P.No.5598 of 2026 Montel Rep by its Proprietor Mr.Moniesh Sajjan Raj No.189/1,Hare Krishna Road Sankar Nagar, Salem-636 007 Tamilnadu Petitioner(s) Vs

1. The Chief Executive Officer Food Safety and Standards Authority of India FDA Bhawan, Kotla Road New Delhi-110 002 2.The Executive Director (CS) Food Safety and Standards Authority of India FDA Bhawan Kotla Road New Delhi-110 002 3.The Central Licensing Authority Food Safety and Standards Authority of India Southern Regional Office 2nd Floor, Central Documentation Complex(South Wing) Rajaji Salai, Chennai-600 001 Respondent(s) PRAYER To allow the Applicant / Petitioner to amend the existing prayer in WP.No.5598 of 2025 "to issue a Writ of Certiorarified Mandamus or any other appropriate writ, order or direction calling for the records relating to the License Suspension Order/3477 in file No.RCD/SRO/Annual Returns/NC/Suspension/TN-2/90

dated 30.01.2026 and the Show Cause Notice dated 13.01.2026 and connected Improvement Notice dated 11.12.2025 issued by the respondents in respect of FSSAI Licence No.

10017042002998, and quash the same as illegal, arbitrary disproportionate and violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently forbear the respondents from taking any coercive action, including suspension or cancellation of the petitioner's FSSAI licence under Section 32 of the Food Safety and Standards Act, 2006 pending consideration of the petitioner's replies and representations already submitted and direct the respondents to recompute the penalty strictly in accordance with the FSSAI Order dated November 2022, capping the maximum penalty at five times the applicable annual licence fee" with "To issue a Writ of Certiorarified Mandamus or any other appropriate writ, calling for the records relating to the Suspension Order dated 30.01.2026, quash the same in so far as it levies a penalty of Rs.

1,93,402/- and direct the respondents to recompute the penalty strictly in accordance with the FSSAI Order dated November 2022, capping the maximum penalty at five times the applicable annual licence fee and consequently direct the respondent to refund the said amount remitted by the petitioner under protest on 25.02.2026.

For Petitioner(s):

Ms.Monica Chopda For Respondents:

Mr.K.R.Samratt

ORDER

This petition is ordered.

21-04-2026 Note: Registry is directed to carry out the necessary amendment. Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Chief Executive Officer Food Safety and Standards authority of India FDA Bhawan, Kotla Road New Delhi-110 002 2.The Executive Director (CS) Food Safety and standards authority of India FDA Bhawan Kotla Road New Delhi-110 002 3.The Central Licensing Authority Food Safety and standards authority of India Southern Regional office 2nd floor, Central Documentation complex(south wing) Rajaji salai, Chennai-600 001

M.DHANDAPANI J.

pri In W.P.No.5598 of 2026 21-04-2026