M/S.Sri Rajalakshmi Finanace v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 18707 of 2019 M/s. Sri Rajalakshmi Finance, Represented by its Partner A. Venkataraman, S/o. Adhiseshan, No. 743, (Upstairs) Main Road, Navalar Neduchezian Salai, Shevapet, Salem District - 636 002.

... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Secretary, Department of Health and Family Welfare, Secretariat, Chennai.

2. The Commissioner, Office of the Commissioner of Food Safety, 5th Floor, DMS Building, Teynampet, Chennai.

3. The Designated Officer, District Food Safety Office, Salem - 636 001.

4. The Food Safety Officer, Hasthampatty, Salem District.

... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents to release the Petitioner's 144 bags of Sago seized on 27.12.2014 by the Fourth Respondent by considering the Petitioner representation dated 20.04.2019.

For Petitioner : Mr. C. Kanagaraj For Respondents : Mr. M. Karthikeyan, Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The Writ Petition has been filed to consider the representation dated 20.04.2019 made by the Petitioner to release 144 bags of Sago seized by the Fourth Respondent from the Petitioner on 27.12.2014.

2.

The Third Respondent has filed Counter Affidavit stating, inter alia, that it is evident from the analysis report of the food sample examined by the referral laboratory that the same was sub-standard and not fit for the human consumption and as such, the same cannot be returned to the Petitioner. In view of the same, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition, leaving it open to the Petitioner to work out his remedy for the return of the seized goods for permissible purposes other than human consumption in the manner recognized by law and he has made an endorsement to that effect, which is recorded. 3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vji To

1. The State of Tamil Nadu, Represented by its Secretary, Department of Health and Family Welfare, Secretariat,Chennai.

2. The Commissioner, Office of the Commissioner of Food Safety, 5th Floor, DMS Building, Teynampet, Chennai.

3. The Designated Officer, District Food Safety Office, Salem - 636 001.

4. The Food Safety Officer, Hasthampatty, Salem District.

+1 cc to Government Pleader Sr.No. 65937 W.P. No. 18707 of 2019 A.SK(14/08/2019) https://hcservices.ecourts.gov.in/hcservices/