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Madras High CourtWP(MD)/18013/2020disposed of

S.Arunnithy v. The Chief Executive Officer

2025-07-29Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) Nos.15033 and 15034 of 2020 and 434 of 2021 S.Arunnithy ... Petitioner Vs.

1.The Chief Executive Officer, Food Safety and Standards Authority of India, FDA Bhavan, Kotla Marg, Mandi House, New Delhi-110 021.

2.The Secretary to the Government, Department of Health and Family Welfare, Fort St. George, Chennai-600 009.

3.The Commissioner, Tamil Nadu Food Safety and Drug Administration Department, 5th Floor, DMS Campus, Teynampet, Chennai-600 018.

4.Food Analysis Laboratory, King Institute Campus, Guindy, Chennai-600 032.

5.The Designated Officer, Food Safety Department, Health and Family Welfare Training Campus, 1/7

1st Floor, Viswanathapuram, Madurai-625 014.

6.Madurai Oil and Oil Seeds Association, Rep., by its Secretary, 36-A, Tahsildar Pallivasan Street, Madurai-625 001.

... Respondents [R6 is impleaded vide Court order dated 18.01.2021 in W.M.P.(MD) No.432 of 2021 in W.P.(MD) No.18013 of 2020] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to ensure that the edible oil sold in the market are in accordance with FSSI standards and norms and to take appropriate action on those who are flouting these rules and to take severe penal action on the traders who are involved in adulteration and misbranding or in anyway affecting the standard norms and conditions of FSSI Act and regulations.

For Petitioner :

Mr.T.Dinesh for M/s.Veera Associates For Respondent-1 :

Mr.G.Rajaraman For RR2 to 5 :

Mr.P.Thilakkumar Government Pleader For R6 :

Mr.B.Saravanan Senior Counsel assisted by Mr.M.Rajarajan 2/7

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking direction to the respondents to ensure that the edible oil sold in the market are in accordance with FSSI standards and norms and to take appropriate action on those who are flouting the rules and to take severe penal action on the traders who are involved in adulteration and misbranding or in anyway affecting the standard norms and conditions of FSSI Act and regulations.

2. The learned counsel for the petitioner would submit that adulterated edible oil is being sold in open market, which would result in health hazards and thus, the present Public Interest Litigation came to be instituted.

3. It is brought to the notice of this Court that during the relevant point of time, when the writ petition was pending, sale of edible oil in loose was permitted and subsequently, it was prohibited by the order of the Commissioner of Food Safety and Drug Administration, dated 18.08.2020. For better appreciation, the scanned copy of the order dated 18.08.2020 is reproduced hereunder: 3/7

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4. In view of the prohibition imposed by the Commissioner of Food Safety and Drug Administration, no further consideration is required in respect of the relief sought for in the present writ petition. Consequently, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[S.M.S., J.] [A.D.M.C., J.] 29.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr To 1.The Chief Executive Officer, Food Safety and Standards Authority of India, FDA Bhavan, Kotla Marg, Mandi House, New Delhi-110 021.

2.The Secretary to the Government, Department of Health and Family Welfare, Fort St. George, Chennai-600 009.

3.The Commissioner, Tamil Nadu Food Safety and Drug Administration Department, 5th Floor, DMS Campus, Teynampet, Chennai-600 018.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr 4.Food Analysis Laboratory, King Institute Campus, Guindy, Chennai-600 032.

5.The Designated Officer, Food Safety Department, Health and Family Welfare Training Campus, 1st Floor, Viswanathapuram, Madurai-625 014.

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