Attur Taluk Starch & Sago v. Food Safety And Standards

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 22.03.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice M.M.SUNDRESH W.P.No.35919 of 2015

1. Attur Taluk Starch and Sago Manufacturers Development Welfare Sangam rep. By its President S.Duraisamy No.150, Kamarajannar Road, Pudupet, Attur, Salem District.

2. The Salem Taluk Starch & Sago Manufacturers Welfare Assn. Rep by its President R.Mathivanan No.301/116-F Sankagiri Main Road Annathanapatti Salem 2 .. Petitioners

Versus

1.Food Safety and Standards Authority of India (Ministry of Health and Family Welfare) FDA Bhavan, Kotla Road, New Delhi 110002.

2.Commissioner of Food Safety No.359, Anna Salai, V Floor, DMS Office Building, DMS Campus, Teynampet, Chennai 600 006.

3.Designated Officer, Food Safety and Drug Administration Department, Salem District.

4.Sago Serve represented by its Managing Director Jagirammapalayam, Omalur Main Road, Salem 2.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, calling for the entire records relating to the Proceedings in Rc.No.121/F.S/2014 dated 24.11.2014, on the file of the 3rd respondent and RC.No.893/Test/By law/2014 dated 27.10.2014 and 23.07.2015 and on the file of the 4th respondent

herein in so far they relate to parameters in S.No.1, 4, 6 to 11 of the Annexure - I, to the order dated 24.11.2014 and quash the same consequently direct the respondents 1 and 2 herein to ensure implementation of the standards prescribed for Sago under the FSS Act and the Regulations framed there under without any discrimination among Micro and Small Scale and Large Scale Manufacturers of Sago.

For Petitioner ::: Mr.R.Muthukumarasamy Senior Counsel for V.R.Rajasekaran Mr.Su. Srinivasan, Asst. Solicitor General-I, for R1 For Respondents::: Mr.P.H.Aravind Pandian Additional Advocate General assisted by Mr.S.T.S.Murthi assisted by Mr.V.R.Kamalanathan AGP for R.2 and R.3 Mr.P.H.Aravind Pandian AAG assisted by Mr.L.P.Shanmugasundaram for R.4

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The issue whether three or nine norms have to be prescribed is already receiving our attention in W.P.No.20124 of 2015. The petitioner wants only the three norms principle to be followed while prima facie we are of the view that all the nine norms should apply and we have asked the Central Government on this issue in W.P.No.20124 of 2015.

2. We are thus not inclined to maintain this writ petition, as the issue is already being dealt in those proceedings.

3. The writ petition stands closed.

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

To 1.Food Safety and Standards Authority of India (Ministry of Health and Family Welfare) FDA Bhavan, Kotla Road, New Delhi 110002.

2.Commissioner of Food Safety, No.359, Anna Salai, V Floor, DMS Office Building, DMS Campus, Teynampet, Chennai 600 006.

3.Designated Officer, Food Safety and Drug Administration Department, Salem District.

4. The Managing Director, Sago Serve,Jagirammapalayam, Omalur Main Road, Salem 2. +1cc to Mr.V.R. Rajasekaran, Advocate, S.R.No.18553 +1cc to Mr.T.S. Baskaran, Advocate, S.R.No.18449 +1cc to Mrs.Rita Chandrasekaran, S.R.No.18212 EV(CO) EU(04/04/2016) W.P.No.35919 of 2015