Madras High CourtWP(MD)/8568/2024allowed

Govindaraj. R v. The Commissioner

2024-04-04Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.8568 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8568 of 2024 AND W.M.P.(MD)No.7799 of 2024 R.Govindaraj ... Petitioner Vs.

1. The Commissioner, Tamil Nadu Food Safety and Drug Administration, DMS Campus, 5th Floor No.359, Anna Salai, Teynampet, Chennai - 6.

2. The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, Food Safety Wing, Trichy District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in his proceedings Na.Ka.No.2508/U.Paa.Trichy/2023 dated 24.01.2024 and quash the same as illegal and consequently directing the 2nd respondent to de-seal the petitioner's shop namely Balaji Store situated at 4/214, Nochiyam, Trichy to Salem Road, Manachanallur Taluk, Trichy District.

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2 W.P.(MD)NO.8568 OF 2024 For Petitioner : Mr.T.Leninkumar For Respondents : Mr.D.Sasikumar, Additional Government Pleader.

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O R D E R

Heard both sides.

2. The petitioner is running a petty shop which was sealed by the second respondent on 24.01.2024. The petitioner has been charged with vending banned tobacco products. Since the shop has been kept under lock and seal for more than 30 days, I am inclined to grant relief. If the petitioner pays the compounding fee, he can avoid prosecution. Otherwise he has to face prosecution. I am not interfering with the impugned order. I am only directing the second respondent to de-seal the premises immediately and without any delay. This writ petition stands allowed to this extent. No costs. Consequently, connected miscellaneous petition is closed.

04.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 08.04.2024.

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3 W.P.(MD)NO.8568 OF 2024 To:

1. The Commissioner, Tamil Nadu Food Safety and Drug Administration, DMS Campus, 5th Floor No.359, Anna Salai, Teynampet, Chennai - 6.

2. The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, Food Safety Wing, Trichy District.

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4 W.P.(MD)NO.8568 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.8568 of 2024 04.04.2024 4/4