Tamilnadu Food Safety v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :28.01.2020
CORAM
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.Nos. 13654 and 13655 of 2014, M.P.No.1 of 2014 in W.P.No.13654 of 2014 and M.P.Nos.1 & 2 of 2014 in W.P.No.13655 of 2014 Tamil Nadu Food Safety Officers Association Rep. by its State General Secretary, V.G.Prabakaran, S/o. Late V.S.Gajapathy, No.17,/19, Thiruneermalai Road, Nagalkeni, Chrompet, Chennai - 600 044.
..Petitioner in both the W.P.s Vs 1.The Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St. George, Madras - 600 009.
2.The Commissioner, Tamil Nadu Food Safety and Drug Administration Department, DMS Campus, 5th Floor, 359, Anna Salai, Teynampet, Chennai - 600 006. .. Respondents in both the W.P.s Prayer in W.P.No.13654 of 2014: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to frame the service rules and also fix the seniority for the Food Safety Officers in the State of Tamil Nadu notified pursuant to G.O.Ms.No.347 dated 22.12.2011 by considering the representation of the petitioner dated 21.04.2014.
Prayer in W.P.No.13655 of 2014: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the proceedings of the 1st respondent in Letter No.28594/AB2/2013-3 dated 25.11.2013 as far as clause (i) is concerned and the consequential order passed by the 2nd respondent in his
proceedings in R.No.3640/2014/S1/FSSA dated 23.04.2014 and to quash the same as illegal, incompetent and ultravires. For Petitioner : Mr.R.Jayaprakash in both the W.Ps For Respondents : Mr.J.Ramesh, AGP in both the W.Ps
O R D E R
The prayer sought for in the Writ Petition in W.P.No.13654 of 2014 is to direct the respondents to frame the service rules and also fix the seniority for the Food Safety Officers in the State of Tamil Nadu notified pursuant to G.O.Ms.No.347 dated 22.12.2011 by considering the representation of the petitioner dated 21.04.2014 and in the Writ Petition is W.P.No.13655 of 2014 is to call for the records pertaining to the proceedings of the 1st respondent in Letter No.28594/AB2/2013-3 dated 25.11.2013 as far as clause (i) is concerned and the consequential order passed by the 2nd respondent in his proceedings in R.No.3640/2014/S1/FSSA dated 23.04.2014 and to quash the same as illegal, incompetent and ultravires.
2. Today when the matter is taken up for hearing, the learned Counsel appearing for the petitioner submitted that the prayers sought for in the present writ petitions have become infructuous and nothing survives for adjudication and he has also made an endorsement to that effect.
3. Recording the submissions made by the learned Counsel appearing for the petitioner, the writ petitions stands dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed. No costs.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ak To 1.The Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St. George, Madras - 600 009.
2.The Commissioner, Tamil Nadu Food Safety and Drug Administration Department, DMS Campus, 5th Floor, 359, Anna Salai, Teynampet, Chennai - 600 006.
+1cc to the Government Pleader SR.7242 W.P.Nos. 13654 and 13655 of 2014, M.P.No.1 of 2014 in W.P.No.13654 of 2014 and M.P.Nos.1 & 2 of 2014 in W.P.No.13655 of 2014 CP(CO) CB(04/03/2020)