The High Court directed the third respondent to consider the petitioner's request for removal of seized stock within three weeks, enabling the petitioner to surrender vacant possession and stop paying rent on the closed premises.
Direction to the third respondent to consider Ext.P5 representation within three weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940
WP(C).No. 5163 of 2019
PETITIONER:
MAJEED.R.M AGED 43 YEARS S/O. AMMAD, RAYORATH MEETHAL HOUSE, KUTTIADY, VADAKARA TALUK, KOZHIKODE DISTRICT-673508.
BY ADV. SRI.C.BHASKARAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, THYCAUD P.O, THIRUVANANTHAPURAM-695014.
ADV.SRI.B VINOD, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5163 of 2019 2
JUDGMENT
The petitioner has approached this Court
seeking the following relief :-
''Issue a writ of mandamus or other appropriate writ or order or direction directing the respondents to consider Exhibit P5 request filed by the petitioner before the 3rd respondent within a reasonable time filed by this Hon'ble Court.''
petitioner and the learned Government Pleader.
for the petitioner that pursuant to proceedings initiated against the petitioner under the Provisions of the Food Safety and Standards Act and the Regulations issued thereunder, the premises where the coconut oil had been stocked by the petitioner had been sealed. Action has also been taken against the petitioner by cancellation of the licence and prosecution in respect of the offences as against him. It is also submitted that the petitioner has preferred Ext.P5 representation
WP(C).No. 5163 of 2019 3
before the third respondent, seeking removal
of the seized stock of coconut oil from the
premises, so that the petitioner will be enabled to surrender vacant possession of the
building to the land lord. It is submitted that the petitioner is forced to pay rent for the building through he is not conducting the business any more.
representation preferred by the petitioner is
liable to be considered by the third respondent in accordance with law. There will be a direction to the 3rd respondent to take up, consider and pass appropriate orders on Ext.P5 representation within a period of three weeks from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
SD/-
ACM / 20.02.2019
WP(C).No. 5163 of 2019 4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE PHOTO COPY OF THE LICENSE ISSUED BY FSSAI BEARING LICENSE NUMBER 11316011001009.
EXHIBIT P2 THE TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT TO PETITIONER DATED 24-07-2018. EXHIBIT P3 THE TRUE PHOTOCOPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN WPC.NO.28317/2018 BY THIS HON'BLE COURT. EXHIBIT P5 THE TRUE PHOTOCOPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 06.01.2019.
2 issues framed by the court
Whether the third respondent is directed to consider the petitioner's representation within three weeks.
Whether the seizure of stock and cancellation of licence affect the petitioner's obligation to vacate premises.
1 provisions across 1 enactments
Majeed.R.M
State of Kerala
The Commissioner, Food Safety
The Assistant Commissioner, Food Safety
Jithin Raj
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
