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Madras High CourtWP(MD)/9151/2016disposed of

M/S.Romana Distillery v. The Deputy Director Of Health

2016-11-03Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.9151 of 2016 and W.M.P.(MD).No.7287 of 2016 M/s.Romana Distillery Industries Private Limited, rep. By its Manager, Sanal.K.S ... Petitioner Vs.

1.The Deputy Director of Health Services Department of Public Health & Preventive Medicine, Tirunelveli, Tirunelveli District.

2.The Executive Officer, Thirukurungudi Panchayat Union, Tirunelveli District.

3.The Designated Officer, Food Safety & Drug Administration Department, Tirunelveli, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the impugned order passed by the 1st respondent in his proceedings Na.Ka.No.8039/A3/2015 dated 07.04.2016 and to quash the same as illegal and arbitrary. For Petitioner : Mr.K.Vijayan, Sr.Counsel for Mr.B.Saravanan For Respondents : Mr.R.Anandharaj for RR-1 & 3 Government Advocate Mr.Aaiyuram K.Selvakumar Government Advocate for R-2

ORDER

Challenging the order passed by the first respondent, dated 07.04.2016, refusing to grant No Objection Certificate to the petitioner, the present writ petition has been filed. 2.The learned Senior Counsel appearing for the petitioner submitted that the petitioner has only filed an application under Section 159(4) of the Tamil Nadu Panchayat Act for getting the licence before the second respondent. Mistakenly, the second respondent has referred the matter to the first respondent and the first respondent, who has no power under the Act, passed the impugned order. Hence, the order is non-est in the eye of Law, as the first respondent has no power or authority to reject the application filed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3.Mr.Aaiyuram K.Selvakumar, learned Government Advocate appearing for the second respondent, on instructions from the second respondent/Executive Officer, who is also present in the Court, submitted that only the second respondent is the competent authority to issue the licence under Section 159(4) of the Tamil Nadu Panchayat Act and mistakenly, the above application has been referred to the first respondent. He further submitted that in the event of the petitioner files a fresh application for granting licence, the second respondent will consider the same on merits and pass orders on merits and in accordance with law.

4.In view of the above submission made by the learned Government Advocate appearing for the second respondent, the order passed by the first respondent in Na.Ka.No.8039/A3/2015 dated 07.04.2016 is set aside. The petitioner is given liberty to file fresh application before the second respondent. In the event of filing any such application, the second respondent is directed to consider the same on merits and in accordance with law. 5.Accordingly, this writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (Crl.) /True copy/ Sub Assistant Registrar To 1.The Deputy Director of Health Services Department of Public Health & Preventive Medicine, Tirunelveli, Tirunelveli District.

2.The Executive Officer, Thirukurungudi Panchayat Union, Tirunelveli District. 3.The Designated Officer, Food Safety & Drug Administration Department, Tirunelveli, Tirunelveli District.

+1 CC to Mr.B.SARAVANAN, Advocate, SR No.65937 W.P(MD)No.9151 of 2016 & WMP(MD)7287 of 2016 03.11.2016 vs SH/SKS-RR:22.11.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/