Arulmuthu, v. The District Manager,
In the High Court of Judicature at Madras Dated : 20.7.2018 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.18545 of 2018 & WMP.No.21886 of 2018 Arulmuthu
...Petitioner
Vs 1.The District Manager, TASMAC- North, Kanchipuram North, Thirumazhisai Unit 3, Chembarambakkam, Chennai-123.
2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd. (TASMAC), No.735, LLA Building, 4th Floor, Anna Salai, Chennai-2.
3.Tamil Nadu State Marketing Corporation Ltd. (TASMAC), rep.by its Managing Director, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-8.
4.The District Collector, Kancheepuram, Kancheepuram District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents, their men, people and agents or subordinates or any other persons claiming through them from in any manner closing the TASMAC shop No.4110 at No.1, Pozhichalur Main Road, Nehru Nagar, Pozhichalur, Chennai-74.
For Petitioner : Mr.S.Balasubramanian For Respondents 1 to 3 : Mr.P.Arumugha Rajan For Respondent-4 : Mr.R.P.Pratap Singh, GA
ORDER
Mr.P.Arumugha Rajan, learned Standing Counsel accepts notice for respondents 1 to 3. Mr.R.P.Pratap Singh, learned Government Advocate accepts notice for the fourth respondent. Heard both. By consent, the writ petition itself is taken up for final disposal.
2. The petitioner is before this Court seeking to forbear the respondents from, in any manner, closing the TASMAC shop in question.
3. The reason being that the first respondent issued a show cause notice dated 09.7.2018 directing the petitioner to produce necessary licence/ registration under the Food Safety Standards of Food Businesses Regulations, 2011. Admittedly, till date, the petitioner has not obtained such a licence. Thus, without obtaining a licence, selling eatables is prohibited. Therefore, this Court cannot injunct or prevent or restrain the first respondent from proceeding further in accordance with law. However, since the impugned notice has been issued only on 09.7.2018, if the petitioner already applied for such a licence, it is open to the petitioner to approach the first respondent and submit a representation requesting a reasonable time to comply with the direction.
4. With the above direction, the writ petition is disposed of. No costs. Consequently, the connected WMP is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar RS To 1.The District Manager, TASMAC-North, Kanchipuram North, ThirumazhisaiUnit 3, Chembarambakkam, Chennai-123.
2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd.
(TASMAC), No.735, LLA Building, 4th Floor, Anna Salai, Chennai-2.
3.The Managing Director, Tamil Nadu State Marketing Corporation Ltd.
(TASMAC), Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-8.
4.The District Collector, Kancheepuram, Kancheepuram District.
+1cc to Mr.P.Arumugarajan, Advocate, S.R.No.48744 +1cc to Mr.S.Balasubramanian, Advocate, S.R.No.48367 +1cc to the Government Pleader, S.R.No.48927 WP.No.18545 of 2018& WMP.No.21886 of 2018 BM 23/07/2018