Disposed

Yum Restaurants India Pvt. Ltd. v. State of Kerala

Kerala HC3 Jan 2022WP(C)/24422/2012

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning a restaurant closure. An interim order allowing the re-opening of the restaurant was made absolute without new conditions. The case regarding seized food samples produced by the Food Safety Officer was directed to proceed. (19 words)

What did the court decide?

Interim order for restoration of the restaurant was made absolute; case regarding seized food samples directed to proceed.

Yum Restaurants India Pvt. Ltd. Vs… — Constitutional and Fundamental Rights | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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MONDAY, THE 3^RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943

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WP(C) NO. 24422 OF 2012

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PETITIONER/S:

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1 YUM RESTAURANTS INDIA PVT. LTD. 12TH FLOOR TOWER D, GLOBAL BUSINESS PAQRK, M.G ROAD,GURUGAON 122002, THROUGH ITS AUTHORISED REPRESENTATIVE, MR. R. MANIYAN, AGED 38 YEARS, S/O K. RAMASWAMY, DEPUTY MANAGER

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2 MR. SANJAY MATHEW, AGED 35 YEARS S/O MATHEW JOSEPH, RESTAURANT GENERAL MANAGER, YUM, RESTAURANTS INDIA PVT, LTD, H. NO 104, RUBY MANZIL, THENGAPURA ROAD, KAITHAMUKKU, BEHIND PASSPORT OFFICE THIRUVANANTHAPURAM 1

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BY ADVS. SRI.M.K.DAMODARAN (SR.) SMT.A.PARVATHI MENON SRI.P.SANJAY

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM – 695 001

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2 THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH FAMILY WELFARE GOVERNMENT FO KERALA, SECRETARIAT, THIRUVANANTHAPURAM – 695 001

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3 FOOD SAFETY COMMISSIONER THIRUVANANTHAPURAM DISTRICT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM – 695 001

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4 DISIGNATED OFFICER STATE LICENSING AUTHORITY GOVERNMENT OF KERALA, THIRUVANANTHAPURAM DISTRICT-695 001

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5 FOOD SAFETY OFFICER MOBILE VIGILANCE SQUAD, THIRUVANANTHAPURAM 30

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WP(C) NO. 24422 OF 2012 ..2..

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BY ADV GOVERNMENT PLEADER SRI.K.M.FAIZAL

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THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 24422 OF 2012 ..3..

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JUDGMENT

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This Court by order dated 17.10.2012 has passed a detailed interim order. The interim order as regards the re-opening of the restaurant is made absolute along with the conditions insisted therein. According to the petitioner, pursuant to the interim order, the restaurant is functioning ever since following the conditions stated therein. With regard to the report dated 05.11.2012 of the chemical examination done in the analytical laboratory of samples of seized food by the Food Safety Officer from the petitioner's restaurant produced by the learned Government Pleader along with memo dated 26.11.2021, the concerned authority may proceed, in accordance with law.

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The writ petition is disposed of with this direction.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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SB/03/01/2022

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WP(C) NO. 24422 OF 2012 ..4..

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APPENDIX

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PETITIONERS EXTS:

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EXT.P1 TRUE	COPY OF	THE MAHAZAR DATED 8.10.12
EXT.P2 TRUE	COPY OF	THE LIST DATED 8.10.12
EXT.P3 TRUE SAFE	COPY OF TY COMMIS	THE REPRESENTATION TO THE FOOD SIONER DATED 11.10.2012
EXT.P4 TRUE	COPY OF	THE ORDER DATED 11.10.12
EXT.P5 TRUE SUSP	COPY OF ENSION	THE UNDATED NOTICE/ORDER OF

Yum Restaurants India Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Yum Restaurants India Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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