S.Mohindeen v. The Commissioner

2023:MHC:5366

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2023 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH S.Mohindeen .. Petitioner vs 1.The Commissioner, Tamilnadu Food Safety and Drugs Administration Department, No.359, 5th Floor, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

2.The Designated Officer, Food Safety Wing, No.33, West Jones Road, Saidapet, Chennai - 600 015.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to remove the lock and seal of the petitioner shop named as "ANAS NEWS MART" situated at No.195/4, M.S.Kovil Street, Royapuram, Chennai by considering the petitioner appeal / representation dated 02.12.2023 pending before the 1st respondent within a time stipulated by this Court.

For Petitioner :

Mr.K.Ponraj For Respondents :

Mr.M.Rajendran Additional Government Pleader

ORDER

The petitioner seeks a mandamus for disposal of his appeal / representation dated 02.12.2023 filed before R1, the 1/4

Commissioner, Tamilnadu Food Safety and Drugs Administration Department, whereunder he has challenged an order of lock and seal of his shop "ANAS NEWS MART" at No.195/4, M.S.Kovil Street, Royapuram, Chennai , passed by R2, the Designated Officer, Food Safety Wing, Saidapet, Chennai.

2.

Mr.Rajendran, learned Additional Government Pleader, who accepts notice for the respondents would accede to pendency of the representation / appeal before R1 and would have no objection to the issuance of mandamus as sought for. 3.

Hence and notwithstanding that the representation / appeal has been filed only on 02.12.2023, in light of acquiescence by Mr.Rajendran is pending before R2 and bearing in mind that the shop of the petitioner is under lock and seal from 01.12.2023, mandamus is issued to R1 to hear the petitioner as well as any other party thought necessary, consider representation / appeal dated 02.12.2023 and dispose the same within a period of four weeks from today, in accordance with law.

4.

Writ petition stands disposed in terms of this order. No costs.

13.12.2023 Index:Yes/No ssm Note to Registry : Issue Today.

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To 1.The Commissioner, Tamilnadu Food Safety and Drugs Administration Department, No.359, 5th Floor, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.

2.The Designated Officer, Food Safety Wing, No.33, West Jones Road, Saidapet, Chennai - 600 015.

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DR. ANITA SUMANTH,J.

ssm 13.12.2023 4/4