Dismissed

A.Kasivel, v. The State of Tamil Nadu

Madras HC19 Jun 2019WP/15075/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking a mandate to restrain the operation of a sweet manufacturing unit due to alleged hygiene violations. The court noted that an inspection ordered by a Division Bench showed the premises were closed, the license cancelled, and no manufacturing activity was being carried out, thereby终结 pending relief.

What did the court decide?

No costs awarded; writ petition dismissed; connected writ miscellaneous petition closed.

A.Kasivel, Vs The State of Tamil Nadu — Constitutional and Fundamental Rights | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 19.06.2019

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C O R A M

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THE HON'BLE MR.JUSTICE S.MANIKUMAR AND

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THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.15075 of 2019

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and

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W.M.P.No.15054 of 2019

1.A.Kasivel

2.R.Karpagam

... Petitioners

Vs.

1. The State of Tamil Nadu

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Rep. by its Principal Secretary to Government, Municipal Administration,

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St. George Fort, Chennai - 600 009.

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2. The Commissioner for Municipal Administration, Department of Municipal Administration, Government of Tamil Nadu, Chepauk, Chennai - 600 005.

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3. The Commissioner,

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Tamil Nadu Food Safety and Drug Administration, No.33, West Jones Road, Saidapet, Chennai - 600 015.

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4. The District Collector, Villupuram District, Villupuram.

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5. The Revenue Divisional Officer, Kallakurichi Revenue Division, Kallakurichi, Villupuram District.

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6. The Joint Director, Municipal Administration, Vellore Region, Vellore.

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

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7. The Commissioner, Kallakurichi Municipality, Kallakurichi, Villupuram District. 8. The Designated Officer/Food Safety Officer, Food Safety and Drug Administration, Food Safety Wing, Collectorate, Villupuram, Villupuram District. 9. Food Safety and Standards Authority of India (FSSAI), FDA Bhavan, Kotla Road, New Delhi - 110 002. 10.Sri Vasavi Sweets and Backery, Rep. by its Sole Proprietor, P. Yuvaraji Krishnan, No.78, Thirumalai Thirupathi Nagar, Katchirayapalayam Road, Kallakurichi - 606 202, Villupuram District. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the respondents 3 to 9 from allowing or granting permission to run/operate the 10th Respondent's sweet manufacturing factories/units viz., Sri Vasavi Sweets and Backery at Thirumalai Thirupathi Nagar, Katchirayapalayam Road, Kallakurichi - 606 202 without permissions/License from the concerned authorities under the provisions of Tamil Nadu District Municipalities Act 1920 and Food Safety Act 2006 and consequently direct the Respondents 2 to 6 to take appropriate action against 7th Respondent and 10th Respondents for their illegalities and violation of Rules.

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For petitioners.. Mr.M.R.Jothimanian For R1 to R6 .. Mr.E.Manoharan Additional Government Pleader. For R7 .. Mr.K.S.Suresh For R10 .. Mr.L.S.M.Hasan Faizal

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

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ORDER

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(Order of the Court was made by S.MANIKUMAR,J)

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Instant writ petition has been filed for a Writ of Mandamus, forbearing Commissioner, Tamil Nadu Food Safety and Drug Administration, Chennai; District Collector, Villupuram District; Revenue Divisional Officer, Kallakurichi Revenue Division, Villupuram District; Joint Director, Municipal Administration, Vellore Region, Vellore; Commissioner, Kallakurichi Municipality, Villupuram District; Designated Officer/Food Safety Officer, Food Safety and Drug Administration, Villupuram District; Food Safety and Standards Authority of India (FSSAI), New Delhi, the respondents 3 to 9, from allowing or granting permission, to run/operate the 10th Respondent's sweet manufacturing factories/units viz., Sri Vasavi Sweets and Backery at Thirumalai Thirupathi Nagar, Katchirayapalayam Road, Kallakurichi - 606 202 without permission/licence from the concerned authorities, under the provisions of Tamil Nadu District Municipalities Act 1920 and Food Safety Act 2006, and consequently, to direct the Commissioner for Municipal Administration, Department of Municipal Administration, Chennai; Commissioner, Tamil Nadu Food Safety and Drug Administration, Chennai; District Collector, Villupuram District; Revenue Divisional Officer, Kallakurichi Revenue Division, Villupuram District; Joint Director, Municipal Administration, Vellore Region, Vellore; respondents 2 to 6, to take appropriate action, against Commissioner, Kallakurichi Municipality, Villupuram District and Sri Vasavi Sweets and Backery, represented by its Sole Proprietor, Villupuram District, respondents 7 and 10, for their illegalities and violation of rules.

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2. On 29.05.2019, a Hon'ble Division Bench of this Court, while directing inspection of the premises, at Door No.78, Thirumalai Thirupathi Nagar, Kallakurichi, has also directed the officer, who caused such inspection, to be present in Court.

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3. Pursuant to the directions, inspection has been made on 14.05.2019, and a report has been filed. Mr.A.W.Syed Musthafa Kamal, Commissioner, Kallakurichi Municipality, is also present.

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4. A perusal of paragraph No.8 of the report filed by the Commissioner, Kallakurichi Municipality, would show that, no manufacturing activity is done, in the abovesaid primeses, the said shop has been closed and the licence cancelled. For brevity, paragraph No.8 of the report dated 17.06.2019, filed by the Commissioner, Kallakurichi Municipality, is extracted hereunder:-

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

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"8. I submit that the 10th respondent made an application dated 23.04.2019 praying to remove the seal without making any application as ordered by the Hon'ble Division Bench to seek license. I beg to submit that I have issued notice to the 10th respondent on 7.5.2019 to make inspection as per the order of the Hon'ble Division Bench. Accordingly on 14.5.2019, I have made inspection of the premises in the presence of Town Planning Inspector, work inspector, sanitary inspector-in charge and revenue inspector-in charge and the 10th respondent and opened the premises for the said limited purpose and found the premises was in a very unhygienic, unclean condition and emanating bad odour. The 10th respondent requested to clean the premises and for which he sought 1 month time which was refused and granted only two weeks time for cleaning purpose and also for the purpose of plastering the damaged floor and to white wash the premises for making application for license within the period as directed by this Hon'ble Court. It is to be noted that no business activity of manufacturing of sweets and karam was carried out by the 10th respondent during the aforesaid period. On completion of the cleaning work, removal of hazardous waste like oil tins, waste oils from which bad odour was emanating, card board boxes, damaged vessels etc., other personnel items, also the painting and plastering works were carried and thus the shop was locked. I bet to submit that I reiterate no manufacturing activity is being conduced in the said premises."

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5. In view of the above, writ petition is dismissed. No Costs. Consequently, the connected writ miscellaneous petition is closed.

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Sd/Assistant Registrar (Insp.Cell)

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//True Copy//

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Sub Assistant Registrar

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1. Principal Secretary to Government, State of Tamil Nadu, Municipal Administration, St. George Fort, Chennai - 600 009.

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

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2. The Commissioner for Municipal Administration,
Department of Municipal Administration, Government of Tamil Nadu, Chepauk, Chennai - 600 005.
3. The Commissioner, Tamil Nadu Food Safety and Drug Administration, No.33, West Jones Road, Saidapet, Chennai - 600 015.
4. The District Collector, Villupuram District, Villupuram.
5. The Revenue Divisional Officer, Kallakurichi Revenue Division, Kallakurichi, Villupuram District.
6. The Joint Director, Municipal Administration, Vellore Region, Vellore.
7. The Commissioner, Kallakurichi Municipality, Kallakurichi, Villupuram District.
8. The Designated Officer/Food Safety Officer, Food Safety and Drug Administration, Food Safety Wing, Collectorate, Villupuram, Villupuram District.
9. Food Safety and Standards Authority of India (FSSAI), FDA Bhavan, Kotla Road, New Delhi - 110 002.
+1 cc to Mr.L.S.M.Hasan Fizal, Advocate, S.R.No.50697 +1 cc to M/s.M.R.Jothimanian, Advocate, S.R.No.50528
+1 cc to M/s.K.S.Suresh, Advocate, S.R.No.50060
+1 cc to the Government Pleader, S.R.No.50585

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W.P.No.15075 of 2019 and W.M.P.No.15054 of 2019

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PP(CO) SSM(01/08/2019)

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

A.Kasivel, v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

A.Kasivel, v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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