Madras High CourtWP/23506/2024disposed of

M/S.Nankemp Tea Industry v. Union Of India

2025-06-13Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. M/s.Nankemp Tea Industry Rep By Its Partner Mr. Dhananjayan K Kagguchi Village And P.O, Ooty643 214.

Petitioner(s) Vs

1. Union Of India Rep By Secretary, Ministry Of Commerce And Industry, Department Of Commerce, Govt Of India, Room No.143, Vanijya Bhawan, New Delhi110 001.

2.Secretary Food Safety And Standards Authority Of India Regional Office At 2nd Floor, Central Documentation Complex South Wing North Beach Road, Chennai Port Trust, Rajaji Salai, George Town, Chennai-01.

3.Executive Director And Registering Authority Tea Board Of India, Ministry Of Commerce And Industry, Dept Of Commerce, Govt Of India Shelwood, Club Road, P.O. Box No.6, Coonoor643 101 Nilgiris, Tamil Nadu. Respondent(s) For Petitioner(s):

Mr.E. Manoharan For Respondent(s):

Mr.A.R.L.Sundaresan Additional Solicitor General of India for Mr.K.Ramanamoorthy Senior Panel Counsel for respondents 1 and 3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 3 rd respondent to issue and follow a Standard Operating Procedure for collection of Tea samples for regulatory testing. 2.

The grievance expressed by the petitioner is that while the tea samples are collected, there is no Standard Operating Procedure (SOP) and as a result, it yields different results during different tests. Hence, the petitioner requested for coming up with a standard operating procedure for collection of samples for regulatory testings.

Heard Mr.E.Manoharan, learned counsel for the petitioner and Mr.A.R.L.Sundaresan, learned Additional Solicitor General of India for Mr.K.Ramanamoorthy, learned Senior Panel Counsel for respondents 1 and 3. 4.

The Tea (Marketing) Control Order, 2003 governs the field. There was a grievance that while implementing the same, there was no SOP insofar as the collection of tea samples for regulatory testings. 5.

The learned counsel for the petitioner brought to the notice of this Court that two meetings were held with the Tea Board of India during the year 2024 and 2025 and it was agreed upon that a SOP can be brought out in order to ensure that the tea samples that are taken for regulatory testing is tested without giving rise to any discrepancies.

In the considered view of this Court, while issuing a writ of Mandamus, this Court must see as to whether the petitioner has a legal right to enforce and there is a corresponding legal duty on the side of the respondents. What has been sought for in the present writ petition is more by way of directing the respondents to come up with the standard operating procedure in the light of the (Tea Marketing) Control Order, 2003 which is already occupying the field. Such positive directions cannot be issued by this Court since it will amount to directing the authorities to modify / amend the existing law, which is

beyond the scope of a writ of Mandamus.

Now that the stakeholders are attempting to resolve the issue by holding discussions and which is evident from the Minutes of the 250 th meeting and the Minutes of the 251 st meeting held with the Tea Board, it will suffice if the same is taken into account and this writ petition is disposed. Accordingly, this writ petition is disposed of in the above terms. No costs.

13-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Union Of India Rep By Secretary, Ministry Of Commerce And Industry, Dept Of Commerce, Govt Of India, Room No.143, Vanijya- Bhawan, New Delhi110 001.

2.SECRETARY Food Safety And Standards Authority Of India Regional Office At 2nd Floor, Central Documentation Complex South Wing North Beach Road, Chennai Port Trust, Rajaji Salai, George Town, Chennai-01.

N.ANAND VENKATESH J.

rka 13-06-2025