In a writ petition under Article 226 seekinge to restrain the Food Safety Officer from exercising statutory duties, the Madurai Bench held the petition to be an abuse of process. The Court dismissed the appeal, affirming that officers cannot be barred from inspecting for adulteration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD). No.23945 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 14/10/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.23945 of 2024
S. Amanulla ... Petitioner
Vs
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the Respondent No.3 and his Subordinates and men from interfering the
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WP(MD). No.23945 of 2024
petitioner's business which is running in Periyar Nagar , Makkan Street , Dindigul District by consideration his representation dated 06.06.2024.
For Petitioner : Mr.A. Mohamed Riyaz For Respondent : Mr.J.Lawrance for R1&R2 Mr.D.Gandhiraj for R3 Special Government Pleader
ORDER
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
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WP(MD). No.23945 of 2024
nothing but abuse of process of law. The power vested with the officers under the Food Safety Act is to inspect the place and collect the samples to check adulteration. When such being the position, by way of filing the writ petition, their statutory duties cannot be curtailed. Accordingly, the writ petition is dismissed. No costs.
14.10.2024
RR
TO
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WP(MD). No.23945 of 2024
N.SATHISH KUMAR,J
RR
ORDER IN WP(MD) No.23945 of 2024
Date : 14/10/2024
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1 issue framed by the court
Whether the food safety officer's statutory duty to inspect and collect samples can be restrained by a writ petition claiming interference with the petitioner's business.
S. Amanulla
The Corporation Commissioner
The Corporation Zonal Ae
The Food Safety and Standards, Authority Officer
P. Yasar Arafath
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
