M./S.Vaipugaiyilai Urpathiyala v. The Commissioner Of Food
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2017
CORAM:
THE HON'BLE Mr.JUSTICE K.KALYANASUNDARAM W.P(MD).No.10319 of 2017 and W.M.P(MD)Nos.7897 and 11551 of 2017 M/s.Vaipugaiyilai Urpathiyalargal Matrum Virpanaiyalargal Nala Sangam, Rep. by its Secretary S.Noordeen, S/o.Shamsudeen Rowther, T.S.No.2253, South Main Street, Pudukkottai - 622 001.
... Petitioner Vs.
The Commissioner of Food Safety, O/o. The Commissioner of Food safety, 5th Floor of DMS Office Building, 259, Anna Salai, DMS Campus, Teynampet, Chennai-600 006.
... Respondent Prayer:
Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the Notification under No.VI(1)/155(a)/2017, dated 23.05.2017, on the file of the respondent herein and to quash the same as illegal as far as the "Chewing Tobacco" is concerned. For Petitioner : Mr.G.Thalaimutharasu for Mr.K.R.Laxman For Respondent : Mr.C.Selvaraj Special Government Pleader
ORDER
The petitioner has come up with the present Writ Petition for issuance of a Writ of Certiorari, to call for the Notification under No.VI(1)/155(a)/2017, dated 23.05.2017, on the file of the respondent herein and to quash the same as illegal as far as the Chewing Tobacco is concerned.
2.Heard Mr.G.Thalaimutharasu, learned counsel for the petitioner and Mr.C.Selvaraj, learned counsel for the respondent. 3.According to the petitioner, it is a registered society consisting of members, who are cultivating, manufacturing and trading of Tobacco at various places. The object of the society is https://hcservices.ecourts.gov.in/hcservices/
to protect the interest of the members of the society. The members in the society are dealing with the Tobacco products for several decades without violating any provision of law. In the meantime, the respondent has issued a notification in No.VI(1)/155(a)/2017, dated 23.05.2017.
4.Challenging the said notification, the petitioner has filed the present Writ Petition.
5.The learned counsel for the respondent filed counteraffidavit and they have raised the following issues in paragraph No.18 of the counter-affidavit and the same reads as follows:- "18. I Submit that the plea raised by the petitioner in the writ petition is that:- (a) The food Safety Officers does not have any authority to inspect/ban/the sale of the said products viz., "CHEWING TOBACCO"
(b) The "CHEWING TOBACCO" manufacturing comes under the purview-of cigarettes and tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003 (is hereinafter referred as COTPA 2003) and the same does not come under the purview of Food Safety and Standards Act, 2006 (is hereinafter referred as FSSA 2006).
(C) The product itself is manufactured under the COTPA 2003, hence the Food Safety is not having any rule or authority to interfere in the business of the petitioner."
4. It is not in dispute that the issue involved in this Writ Petition is covered by the order of this Court passed in W.P.No.21 of 2017, dated 09.06.2017. Following the said order, the order impugned, dated 23.05.2017, in the Writ Petition is set aside and the Writ Petition is allowed. No costs. Consequently, consequently Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Commissioner of Food Safety, O/o. The Commissioner of Food safety, 5th Floor of DMS Office Building, 259, Anna Salai, DMS Campus, Teynampet,Chennai-600 006. +1cc to M/S.K.R.LAXMAN, Advocate SR.No.78870 +1cc to Special Government Pleader, SR.No. 78809 das/ps MAS/KK/SAR1:25.09.2017:2P-4C W.P(MD).No.10319 of 2017 12.09.2017 https://hcservices.ecourts.gov.in/hcservices/