Disposed

A.Adnan Mudassir v. The Commissioner

Madras HC29 Apr 2021WP/10426/2021

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the petitioner sought quashing of proceedings and removal of seals/locks on his water purifying unit. The court directed the authorities to consider removing the seals and locks within two weeks upon request, to enable the petitioner to remove machinery as he intended to close the unit.

What did the court decide?

The petitioner was directed to approach the authorities to remove the lock and seal within two weeks of making a request, after the authorities considered the same.

A.Adnan Mudassir Vs The Commissioner — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.04.2021

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CORAM

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THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA

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W.P.No.10426 of 2021

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A. Adnan Mudassir ...Petitioner Vs 1. The Commissioner Food Safety and Drug Administration, No.359, Anna Salai, DMS Compound, Teynampet, Chennai 600 006.

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The District Designed Officer, Food Safety and Drug Administration Department 5^th floor, 'A' Block, Collectorate, Vellore 632 009. 3. The Food Safety Officer, Ambur Municipality, Ambur Post, Tirupattur District, (previously Vellore District)

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The District Environmental Engineer, Tamil Nadu Pollution Control Board, Auxillum College Road, Gandhi Nagar, Vellore 632 006. ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 2^nd respondent impugned proceedings letter No.260/A1/fssi/2019 dated 13.06.2019 and quash the same and direct the second respondent to remove the seal on the machine and shop lock of the petitioner's unit situated at No.6/B, Kamarajar Nagar, Ambur Post, Tirupattur District (previously Vellore District).

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For Petitioner : Mr.S.Kolandasamy

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For Respondents: Mr.R.A.S.Senthivel, Additional Govt.Pleader for R1 to R3

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Mr.N.Manokaran for R4

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

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ORDER

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The petitioner has come up with this Writ Petition seeking to call for the records of the 2^nd respondent in impugned proceedings letter No.260/A1/fssi/2019 dated 13.06.2019, quash the same and consequently for a direction to the second respondent to remove the seal on the machine and shop lock of the petitioner's unit situated at No.6/B, Kamarajar Nagar, Ambur Post, Tirupattur District (previously Vellore District).

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The case of the petitioner is that he has been supplying food items and in addition to that, he has been supplying water bottles bought from private dealers. There was continuous complaints from the customers regarding poor quality of the water supply and hence the petitioner has also insisted the dealer about this but there was no response. Hence he decided to buy one water purifying machine for Rs.70,000/- by raising private loan and installed for testing. The petitioner decided to apply for licence from competent authority after testing the performance of the machine, but he came to know that the performance of the machine was very bad. Before that the third respondent suddenly came, enquired and sealed the machine and locked the shop. Subsequently, the petitioner was issued with a proceedings in letter No.260/A1/fssi/2019 dated 13.06.2019 which is impugned in this Writ Petition. Challenging the same, the present Writ Petition has been filed.

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The learned counsel appearing for the petitioner submitted that the petitioner has now decided not to run the water purifying unit and that he wants to close down the business. However he requires to remove the machinery by removing the lock and seal.

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Considering the facts and circumstances of the case, the petitioner is directed to approach the authorities concerned in this regard, namely, the first and second respondents herein within a period of three weeks from the date of receipt of a copy of this order and once the petitioner makes a request, the first and second respondents may consider the same in accordance with law and remove the lock and seal to enable him to remove the machinery, within a period of two weeks thereafter.

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5.With the above direction, the Writ Petition is disposed of. No costs.

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

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Post the matter on 29.06.2021 for reporting compliance.

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s/dAssistant Registrar(CS-III)

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True Copy

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Sub-Assistant Registrar

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dpq To 1. The Commissioner Food Safety and Drug Administration, No.359, Anna Salai, DMS Compound, Teynampet, Chennai 600 006. 2. The District Designed Officer, Food Safety and Drug Administration Department 5^th floor, 'A' Block, Collectorate, Vellore 632 009. 3. The Food Safety Officer, Ambur Municipality, Ambur Post, Tirupattur District, (previously Vellore District) 4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Auxillum College Road, Gandhi Nagar, Vellore 632 006. 5. The Section Officer, Writ Section, High Court, Madras. W.P.No.10426 of 2021

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AK-I(CO) EU 7.5.2021

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

A.Adnan Mudassir v. The Commissioner

Case brief

What is this about?

What did the court decide?

A.Adnan Mudassir v. The Commissioner

Case brief

What is this about?

What did the court decide?

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