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Madras High CourtWP(MD)/2399/2013dismissed

T.S.S Traders A Registered v. The District Collector,

2017-08-31Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2399 of 2013 and M.P.(MD).No.1 of 2013 T.S.S.Traders a registered Partnership firm, Represented by its Partner, S.Sundareswaran, Son of T.S.S.Sargunasekar Pandian Having office at 42, East Masi Stree, Madurai.

.. Petitioner Vs.

1.The District Collector, Madurai.

2.The District Supply Officer, Madurai.

3.The Taluk Supply Officer, Madurai.

4.The Designated Officer, Tamil Nadu Food Safety and Drug, Administration Department, Deputy Director of Health Services Campus, Viswanathapuram, Madurai.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to remove the seal in the business premises of the petitioner and to further direct the respondents to act as per the procedure contemplated under law and grant such other further relieves. For petitioner : Mr.M.Rajaraman For respondents : Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to direct the respondents to remove the seal affixed on the business premises bearing No.2240, 92 Cross Street, TNHB, Villapuram, Madurai, which was sealed on 05.02.2013, alleging violation of the provisions of the Prevention of Food Adulteration Act.

https://hcservices.ecourts.gov.in/hcservices/

2.The learned Special Government Pleader, on instruction from the respondents, submitted that the respondents had already taken sample in 2013 itself and it was sent for analysis. According to the respondents, there is no need for keeping the sealed premises any more on account of the test conducted by taking sample.

3. We, therefore, direct the respondents 1 and 4 to remove the seal of the premises in question and the petitioner to occupy the premises in question. However, we make it clear that the respondents 2 and 4 shall ensure that the entire products stored by the petitioner in the premises are destroyed. 4.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1.The District Collector,Madurai.

2.The District Supply Officer,Madurai.

3.The Taluk Supply Officer, Madurai.

4.The Designated Officer, Tamil Nadu Food Safety and Drug, Administration Department, Deputy Director of Healt Services Campus, Viswanathapuram, Madurai.

+1cc to Mr.M.RAJARAMAN, Advocate SR.No.75828 +1cc to the Special Government Pleader, SR.No.76147 skn/km MAS/JC/SAR2:11.10.2017:2P-7C ORDER MADE IN W.P.(MD)No.2399 of 2013 31.08.2017(3/3) https://hcservices.ecourts.gov.in/hcservices/