Sundaralingam K v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.639, 640 and 641 of 2024 K.Sundaralingam ... Petitioner Vs.
1.The Commissioner, Tamil Nadu Food Safety and Drug Administration Department, DMS Campus, 5th Floor, No. 359, Annasalai, Teynampet, Chennai 600 006.
2.The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, Food Safety Wing, Office of the Deputy Director of Health Services, Viswanathapuram, Madurai - 625 014, Madurai District.
3.The Food Safety Officer, Madurai Corporation, Madurai.
4.The Inspector of Police, Sellur Police Station, Madurai.
... Respondents 1/4
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned proceedings in Na.Ka.No.2870/A2/2023/U.Pa.a, dated 27.12.2023 issued by the 2nd respondent and quash the same as illegal and consequently permit the petitioner to run the Petty Shop namesly M/s.K.S.Cool Drinks situated at 133, Thataneri Main Road, Bharathinagar, Madurai by unsealing the premises. For Petitioner : Ms.S.Meena, For Mr.A.L.Kannan.
For Respondents : Mr.Veerakathiravan, Addl. Advocate General, Assisted by Mr.D.Sasi Kumar, Addl. Government Pleader for R1 to R3.
Mr.A.Albert James, Govt. Advocate (Crl. Side) for R4.
ORDER
Heard the learned counsel for the writ petitioner, the learned Additional Advocate General assisted by the learned Additional Government Pleader for the respondents 1 to 3 and the learned Government Advocate (Crl. Side) for the fourth respondent.
2.The petitioner is running a petty shop. It was locked and sealed on 27.12.2023 by the second respondent. The learned Additional Advocate 2/4
General points out that the petitioner is having a bad track record. The petitioner undertakes to compound the offence. The petitioner has to pay the compounding charges to the tune of Rs.5,000/-. The second respondent shall issue proceedings immediately and the petitioner shall also remit the same. I am inclined to show indulgence only for the reason that full three months have elapsed. I hope the petitioner has learnt his lesson. Subject to the petitioner compounding the offence, the lock and seal shall be removed. The entire exercise shall be completed within a period of seven days from the date of receipt of a copy of this order.
3.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. 01.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 03.04.2024.
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G.R.SWAMINATHAN, J.
ias To:- 1.The Commissioner, Tamil Nadu Food Safety and Drug Administration Department, DMS Campus, 5th Floor, No. 359, Annasalai, Teynampet, Chennai 600 006.
2.The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, Food Safety Wing, Office of the Deputy Director of Health Services, Viswanathapuram, Madurai - 625 014, Madurai District.
3.The Food Safety Officer, Madurai Corporation, Madurai.
4.The Inspector of Police, Sellur Police Station, Madurai.
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