Madras High CourtWP(MD)/395/2022dismissed

Balaji v. The Adjudicating Authority

2023-03-13Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.395 of 2022 and WMP(MD)Nos.307, 308 of 2022

1. Balaji

2. Ramesh Babu

3. Ravindran

4. Manikandan ... Petitioners Vs 1.The Adjudicating Authority, District Revenue Officer, Ramanathapuram District.

2.The Food Safety Officer, Ramanthapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent in Na.Ka.J5/39395/2015, dated 28.09.2015 and quash the same. 1/4

For Petitioner : Mr.K.Navaneetharaja For R1, R2 : Mr.J.Ashok Additional Government Pleader

O R D E R

Heard, Mr.K.Navaneetharaja, learned counsel appearing for the petitioner and Mr.J.Ashok, learned Additional Government Pleader appearing for the first and second respondents.

2.It is stated by the learned Additional Government Pleader appearing for the first and second respondents that Tamil Nadu Food Safety Tribunal had been formed by G.O. (Ms) No. 225, Health and Family Welfare (M1) Department, dated 11.06.2018.

3.In view of the formation of that particular Tribunal, this Writ Petition is not maintainable. The writ petitioner has to file a regular appeal against the impugned order. This writ petition had been filed before this Court on 16.12.2021. The period from 16.12.2021, till today (ie., 13.03.2023) can be condoned, in view of filing of writ petition before the wrong forum. The appellate Authority may adjudicate the issue, in accordance with the rules 2/4

relating to limitation.

4.Accordingly, this writ petition stands dismissed, since it is filed before the wrong tribunal. No costs. Consequently, connected miscellaneous petitions are closed.

13.03.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM Note: Issue order copy on 13.03.2023 To 1.The Adjudicating Authority, District Revenue Officer, Ramanathapuram District.

2.The Food Safety Officer, Ramanthapuram District.

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.395 of 2022 and WMP(MD)Nos.307, 308 of 2022 13.03.2023 4/4