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Madras High CourtWP(MD)/11662/2017disposed of

K.Ramasamy, v. The District Revenue Officer

2024-12-11Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.Ramasamy ... Petitioner /vs./ 1.The District Revenue Officer, cum Adjudication Officer, Collectorate, Madurai District.

2.The Designated Officer, Food Safety and Medical Administration Department, DDHS Campus, Viswanathapuram, Madurai 625 014.

3.The Food Safety Officer, Food Safety and Medical Administration Department, DDHS Campus, Viswanathapuram, Madurai 625 014.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to 1/4

the order passed by the 1st respondent vide his proceedings in Na.ka.No. 29448/16/C4 dated 19.04.2017 and set-aside the same as illegal and further directed the 2nd respondent to refund the fine amount to the tune of Rs. 50,000/- to the petitioner.

For Petitioner : Mr.K.Sivabalan For Respondents : Mr.J.K.Jeyaseelan Government Advocate

ORDER

The writ petition had been filed challenging the order of the first respondent under the provisions of the Food Safety and Standards Act, 2006.

2. When the writ petition was filed, the Food Safety Appellate Tribunal was not constituted, but however as of today, the same is functional. Hence, the petitioner is directed to file an appeal before the Food Safety Appellate Tribunal on or before 30.01.2025. If such an appeal is filed, the Appellate Tribunal shall not insist upon the period of limitation, as the petitioner would be entitled to have the benefit of Section 14 of the Limitation Act, 1963.

3. With such liberty, the Writ Petition stands disposed of. However, there 2/4

shall be no order as to costs.

Index : Yes / No 11.12.2024 Internet : Yes / No mm To 1.The District Revenue Officer, cum Adjudication Officer, Collectorate, Madurai District.

2.The Designated Officer, Food Safety and Medical Administration Department, DDHS Campus, Viswanathapuram, Madurai 625 014.

3.The Food Safety Officer, Food Safety and Medical Administration Department, DDHS Campus, Viswanathapuram, Madurai 625 014.

K.KUMARESH BABU, J.

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