Suriya Gandhi Sago Factory v. Food Safety And Standards
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2021
CORAM:
The Hon'ble Mr.Justice Krishnan Ramasamy W.P.No.19359 of 2017 and W.M.P.Nos.20859 & 20860 of 2017 Suriya Gandhi Sago Factory, Rep. by its Proprietor K.Neelamegam, Sellappampatty Post, Namakkal Taluk and District.
...Petitioner
Vs
1. Food Safety and Standards Authority of India, [Ministry of Health and Family Welfare], FDA Bhavan, Kotla Road, New Delhi - 110 002.
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. Designated Officer, Food Safety and Drug Administration Department, Namakkal District.
...Respondents
Prayer:
Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the entire records relating to the proceedings in order No.5193/2015/S6/FSSA dated 14.09.2015 on the file of the 2nd respondent herein and quash the same and consequently direct the respondents herein not to impose ban or any other restrictions in contravention of the provisions of the Food Safety and Standards Act, 2006 against the right of the petitioner herein to procure and transport its raw material Wet tapioca Starch for manufacturing Sago.
For Petitioner : M/S.V.R.Rajasekaran For Respondents: Mr.M.Shahjahan Special Government Pleader
O R D E R
The prayer in this Writ Petition is for issuance of a Writ of Certiorarified Mandamus to call for the entire records, relating to the proceedings in order No.5193/2015/S6/FSSA dated 14.09.2015 on the file of the 2nd respondent herein and quash the same and consequently direct the respondents herein not to impose ban or any other restrictions in contravention of the provisions of the Food Safety and Standards Act, 2006 against the right of the petitioner herein to procure and transport its raw material, Wet tapioca Starch for manufacturing Sago.
2. When the matter is taken up for hearing, none appeared for the petitioner. This Writ Petition was filed to quash the impugned proceedings dated 14.09.2015, in and by which, the 2nd respondent imposed the ban of the sale of Wet Starch for the manufacture of SAGO.
3. Mr.M.Shahjahan, learned Special Government Pleader appearing for the respondents produced a copy of the letter dated 02.06.2017 issued by the office of the Commissioner of Food Safety and Drug Administration, in which the Designated officers of Salem, Namakkal, Dharmapuri, Erode, Trichy, Viluppuram and Perambalur Districts are informed that the ban order on the sale of wet starch of the manufacture of sago vide R.No.5193/2015/86/FSSA dated 14.09.2015 does not continue.
4. Therefore, the learned Special Government Pleader submits appearing for the respondents submit that the prayer sought for in this writ petition has become infructuous and hence, prayed for dismissal of this writ petition.
5. Accordingly, the submission of the learned Special Government Pleader is recorded along with the clarification letter dated 02.06.2017 issued by the office of the Commissioner of Food Safety and Drug Administration.
6. By virtue of proceedings dated 02.06.2017, the earlier blanket ban order on wet starch does not continue, this Court directs the respondents not to issue any blanket order without any authority in future, however, if there is any violation on the part of the manufacturers as regards the standards for Sago given by the Food safety and Standards Authority in the draft
Notification, the respondents are liberty to take appropriate action against them provided if the relevant Act, empowers them. This would apply to all similar industries also.
7. In view of the above, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sp/jd To
1. Food Safety and Standards Authority of India, [Ministry of Health and Family Welfare], FDA Bhavan, Kotla Road, New Delhi - 110 002.
2. The Commissioner of Food Safety, No.359, Anna Salai, V Floor, DMS Office Building, DMS Campus, Teynampet, Chennai - 600 006.
3. The Designated Officer, Food Safety and Drug Administration Department, Salem District.
4. The Designated Officer, Food Safety and Drug Administration Department, Namakkal District.
+2cc to Mr.V.R.Rajasekaran, Advocate Sr.64075 +1cc to the Government pleader Sr.63802 W.P.No.19359 of 2017 nrl[co] srg 04/02/2022