T. Suresh v. District Administration Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.21535 of 2024 T.Suresh ... Petitioner Vs 1.District Administration Officer, Food Safety & Drug Administration Department, Sivagangai District.
2.Food Safety Officer, S.Pudur and Singampunari Region, Sivagangai District.
3.The Superintendent of Police, Sivagangai, Sivagangai District.
4.The Inspector of Police, Pulithipatti Police Station, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertain to the impugned order dated 15.10.2024 passed by the second respondent through his proceedings in e.f.vz;.2545/m/3/2024 and quash the same as illegal and consequently direct the respondents to remove the lock and 1/5
seal of the above said grocery with tea shop at K.Puthupatti Village, Tharmapatti Post, Singampunari Taluk, Sivagangai District and leave to the petitioner's possession.
For Petitioner : Mr.R.Narendran For R1 & R2 : Mr.D.Gandhi Raj Special Government Pleader For R3 & R4 : Mrs.M.Aasha Government Advocate (Crl.side)
ORDER
This writ petition has been filed challenging the order passed by the second respondent, dated 15.10.2024 thereby cancelled the licence of the petitioner and also and lock and sealed the shop.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The petitioner was running a grocery shop with tea shop at K.Puthupatti Village, Tharmapatti Post, Singampunari Taluk, Sivagangai District under the licence from the Food and Safety Department. While being so, on 10.10.2024 the second respondent conducted an inspection on the petitioner's shop and found the Tobacco products. The petitioner was also directed to pay a fine of Rs.25,000/- 2/5
under Section 58 of the Food Safety and Standards Act, 2006, however, the petitioner has not paid the said amount.
4. In view of the above, the petitioner's licence was cancelled and his shop was also lock and sealed by the second respondent under Section 32(3) of the Food Safety and Standards Act, 2006 and 2.1.8(4) of Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011.
5. In view of the above, on payment of fine amount imposed against the petitioner to the second respondent, the second respondent is directed to remove the lock and seal of the petitioner's premises.
6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes am 3/5
To 1.District Administration Officer, Food Safety & Drug Administration Department, Sivagangai District.
2.Food Safety Officer, S.Pudur and Singampunari Region, Sivagangai District.
3.The Superintendent of Police, Sivagangai, Sivagangai District.
4.The Inspector of Police, Pulithipatti Police Station, Sivagangai District.
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G.K.ILANTHIRAIYAN, J.
am Order made in 21.01.2025 5/5