Vasanthi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Vasanthi ... Petitioner -vs1.The Commissioner, Food and Safety and Drugs Department, No.359 Annasalai, DMS Campus, Teynampet, Chennai - 600009.

2.The District Collector, 3.The Superintendent of Police, 4.The District Food Safety Officer, Office of the District Food Safety and Drugs Department, 5.The Assistant Commissioner (Tax), Prohibition and Excise Department, 6.The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent / The Commissioner, Food and Safety and Drugs Department, Chennai, to dispose the petitioner's appeal dated 24.01.2025, pending on the file of the first respondent / The Commissioner Food and Safety and Drugs Department, Chennai, as expeditiously as possible, within the time stipulated by this Court. For Petitioner : Mr.S.Mandhiralingeswaran For R1, R2, R4 and R5 : Mr.K.S.Selvaganesan Additional Government Pleader For R3 and R6 : Mr.K.Gnanasekaran Government Advocate (Criminal side)

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to dispose of the petitioner's appeal, dated 24.01.2025, within a time frame to be fixed by this Court.

2. With the consent of both sides, this Writ Petition is disposed of, at the admission stage itself.

3. The petitioner submits that she was running a petty shop and selling various small commodities. On the basis of secret information, the sixth

respondent police conducted a surprise check on her shop on 03.11.2024 and seized certain banned tobacco products. As a result, a case in Crime No.336 of 2024 was registered against her and her son. Following the registration of the case, the fourth respondent closed the petitioner's shop on 04.11.2024. Therefore, the petitioner filed an appeal on 24.01.2025 before the first respondent, fully explaining the facts and stating that she was in no way connected with the sale of any banned tobacco products in her shop. However, the said appeal remains pending without any progress. Therefore, the petitioner seeks a direction from this Court to dispose of the appeal as expeditiously as possible.

4. The learned Additional Government Pleader appearing for respondents 1, 2, 4, and 5 submits that the first respondent will pass appropriate orders on merits and in accordance with law, within a time frame to be fixed by this Court.

5. Heard both sides.

6. Considering the above said submissions, there shall be a direction to the first respondent to consider the petitioner's appeal dated 24.01.2025, on its own merits and pass appropriate orders in accordance with law, after giving due

opportunity to the petitioner, within a period of three months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 20.02.2025 Index : Yes / No smn2 To:- 1.The Commissioner, Food and Safety and Drugs Department, No.359 Annasalai, DMS Campus, Teynampet, Chennai - 600009.

2.The District Collector, 3.The Superintendent of Police, 4.The District Food Safety Officer, Office of the District Food Safety and Drugs Department,

5.The Assistant Commissioner (Tax), Prohibition and Excise Department, 6.The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

VIVEK KUMAR SINGH , J.

smn2 20.02.2025