S. Amanulla v. The Corporation Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 14/10/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR S. Amanulla ... Petitioner Vs
1. The Corporation Commissioner, O/corporation Office, Dindigul District - 624001..
2. The Corporation Zonal Ae,, O/o.Corporation Office, Dindigul District - 624001..
3. The Food Safety and Standards, Authority Officer, O/o. Food Safety and Standards Authority Office , Dindigul District - 624001..
4. P.Yasar Arafath, S/o.Abdul Razak , No.65/3, Periyar Nagar , Makkan Street Backside , Dindigul District - 624001..
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the Respondent No.3 and his Subordinates and men from interfering the 1/4
petitioner's business which is running in Periyar Nagar , Makkan Street , Dindigul District by consideration his representation dated 06.06.2024. For Petitioner : Mr.A. Mohamed Riyaz For Respondent : Mr.J.Lawrance for R1&R2 Mr.D.Gandhiraj for R3 Special Government Pleader
ORDER
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. The writ petition has been filed for a mandamus forbearing the respondent No.3 and his subordinates and men from interfering with the petitioner's business by consideration his representation dated 06.06.2024.
3. The petitioner seeks a direction forbearing the third respondent Food Safety Officer from exercising his statutory duties. According to the petitioner, at the instruction of the 4th respondent, the third respondent is interfering with his business.
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4. At the outset, this Court is of the view that the writ petition is nothing but abuse of process of law. The power vested with the officers under the Food Safety Act is to inspect the place and collect the samples to check adulteration. When such being the position, by way of filing the writ petition, their statutory duties cannot be curtailed. Accordingly, the writ petition is dismissed. No costs.
14.10.2024 RR TO
1. The Corporation Commissioner, O/corporation Office, Dindigul District - 624001..
2. The Corporation Zonal Ae,, O/o.Corporation Office, Dindigul District - 624001..
3. The Food Safety and Standards, Authority Officer, O/o. Food Safety and Standards Authority Office , Dindigul District - 624001..
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N.SATHISH KUMAR,J RR
ORDER
IN WP(MD) No.23945 of 2024 Date : 14/10/2024 4/4