Britannia Industries Limited v. The District Revenue Officer Cum
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Eighth day of August Two Thousand and Twenty Five PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY WMP(MD). No.15101 of 2025 in WP(MD).No.28579 of 2022 Britannia Industries Limited Represented by its Manager Legal Bengaluru - 560048 Karnataka.
... Petitioner/Petitioner Vs 1 The District Revenue Officer Cum Additional District Magistrate and Adjudication Officer Thoothukudi District.
2 The Food Safety Officer (CodE 596) Thoothukudi Corporation - Ii.
3 The Food Safety and Standard Authority of India Rep. by Ministry of Health and Family Welfare Department Kotla Road, Fda Bhavan, New Delhi - 110 002. ... Respondents/Respondents Prayer in WMP(MD). No.15101 of 2025:- Writ Miscellaneous petition under article 226 of constitution of India to extend the time of filing the appeal against the impugned order dated 16.05.2022, in R.No.
Case No. 104/2021 passed by the 1st respondent under the Food and Safety Standards and food and safety standards (Food and safety standard and Food additive) Regulations, 2011, for a further period Prayer in WP(MD).No.28579 of 2022 Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Certiorari to call for the records relating to the proceedings dated 16.05.2022, in R.No. Case No. 104/2021 passed by the 1st respondent under the Food and Safety Standards act, 2006 and Food Safety and Standards (Food Safety Standard and food additive) Regulations, 2011, and quash the same in so far as it relates to the levy of penalty on the petitioner ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. R.Murali, Advocate for the Petitioner and of Mr. M.Lingadurai Spl.Govt Pleader, Government Advocate for the respondents, this Court made the following order:
This petition has been filed for an extension of time. This Court had already directed the petitioner to file the appeal within a period of 30 days. However, the petitioner failed to do so.
2. The learned counsel appearing for the petitioner submitted that the counsel who appeared in the case met with an accident, and hence, he could not process and proceed further with the matter.
3. However, the learned Special Government Pleader appearing for the respondents vehemently objected, stating that the order was passed by the District Revenue Officer as early as 2022. Till now, the petitioner has not preferred any appeal. Under the statutory provisions, 30 days' time was granted, and further extension of 30 days was also granted-totally amounting to 60 days. However, the petitioner failed to comply with this. Earlier, the writ petition was also dismissed. Therefore, the respondents prayed for the dismissal of the present petition.
4. Considering the facts of the case, this Court is convinced that the counsel met with an accident, as he has submitted medical records along with the writ petition. It is seen from the medical records that he suffered grievous injuries, particularly a pelvic injury. Therefore, this Court is inclined to grant a further extension of 30 days from the date of receipt of a copy of this order.
5. Accordingly, this petition is allowed. No Costs. Sd/- Assistant Registrar // True Copy // / /2025 Sub-Assistant Registrar (C.S - I / II/ III / IV) TO 1 The District Revenue Officer Cum Additional District Magistrate and Adjudication Officer Thoothukudi District.
2 The Food Safety Officer (CodE 596) Thoothukudi Corporation - Ii.
3 The Food Safety and Standard Authority of India Rep. by Ministry of Health and Family Welfare Department Kotla Road, Fda Bhavan, New Delhi - 110 002. +1cc Special Government Pleader S.R.No.50853 +1cc to M/s. R.Murali Advocate S.R.No.8699 dated 12/08/2025 ORDER DATED : 08/08/2025 ==========================
ORDER
========================== WMP(MD). No.15101 of 2025 in WP(MD).No.28579 of 2022 Giving direction and etc. as stated within. CT (08/09/2025) 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023