Disposed¶23

D.Sivakumar, v. the Commissioner of Food

Madras HC13 Aug 2025WP/2366/2013

Case brief

AI extract

What is this about?

Madras High Court; W.P.No.2366 of 2013; decided 13.08.2025 by Mummineni Sudheer Kumar, J.; writ petition closed as infructuous, no costs; connected M.P.Nos.1-4 of 2013 closed; challenge to proceedings dated 10.01.2013 (R.No. 354/2012/S1/FSSA) of Commissioner of Food Safety relieving petitioner from post of Food Safety Officer and consequential Designated Officer proceedings dated 18.01.2013 left undecided; infructuous in view of coordinate bench order dated 08.01.2025 allowing W.P.No.18785 of 2019; Food Safety and Standards Act 2006; Article 226 Constitution of India; no cases cited; no monetary award.

What did the court decide?

Writ Petition closed as infructuous with no costs; connected M.P.Nos.1, 2, 3 and 4 of 2013 also closed. No substantive relief granted in this petition. ¶23

D.Sivakumar, Vs the Commissioner of Food — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition closed as infructuous with no costs; connected M.P.Nos.1, 2, 3 and 4 of 2013 also closed. No substantive relief granted in this petition.

¶23

Issue for consideration

Whether the proceedings dated 10.01.2013 of the 1st Respondent unilaterally relieving the petitioner from the post of Food Safety Officer, and the consequential proceedings dated 18.01.2013 of the 2nd Respondent, were illegal, arbitrary, without jurisdiction and liable to be quashed, with consequential relief of continuation in service with training, continuity, salary arrears and attendant benefits.

¶16

Ratio / Principle

In the light of the coordinate bench order dated 08.01.2025 allowing the petitioner's subsequent W.P.No.18785 of 2019, this Court closed the writ petition as having become infructuous, awarded no costs, and closed the connected M.P.Nos.1, 2, 3 and 4 of 2013. The underlying challenge was not adjudicated on merits.

¶23

Detailed headnote1 paragraphs

Madras High Court (Mummineni Sudheer Kumar, J.), W.P.No.2366 of 2013, decided 13.08.2025. The petitioner, D.Sivakumar, had filed this writ petition under Article 226 of the Constitution of India seeking certiorarified mandamus to quash the proceedings of the Commissioner of Food Safety dated 10.01.2013 (R.No. 354/2012/S1/FSSA) unilaterally relieving him from the post of Food Safety Officer, read with the consequential proceedings of the Designated Officer dated 18.01.2013 (Na.Ka.No.013/Esst/FSSA/2013), alleging illegality, arbitrariness, lack of jurisdiction and violation of natural justice and the Food Safety and Standards Act 2006, and seeking continuation in service with training, continuity, salary arrears and attendant benefits. When the matter was taken up, counsel for the petitioner pointed out that the petitioner had subsequently filed W.P.No.18785 of 2019, which a coordinate bench of this Court had allowed by order dated 08.01.2025, and submitted that nothing survived in the present petition. Accepting this position, the Court closed the writ petition as infructuous, made no order as to costs, and closed the connected M.P.Nos.1, 2, 3 and 4 of 2013. The merits of the challenge were not adjudicated.

¶1

W.P.No.2366 of 2013

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 13.08.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

¶6

W.P.No.2366 of 2013

¶7

D.Sivakumar ... Petitioner

¶8

¶9

1 The Commissioner of Food Safety, 359, Anna Salai, Chennai - 600 006.

¶10

2 Designated officer, Tamil Nadu Food Safety and Drug Administration Department (Food Safety Wing), Udhagamandalam - 643 002.

¶11

3 The Institute of Public Health, rep. by the Director of Public Health, Poonamallee, Chennai - 600 056. ... Respondents

¶12

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records from the 1st respondent relating to the proceedings of the 1st Respondent dated 10.01.2013, bearing reference No.R.No. 354/2012/S1/FSSA, unilaterally relieving petitioner from the post of Food Safety Officer read with the consequential proceedings of the 2nd Respondent Na.Ka.No.013/Esst/FSSA/2013, dated 18.01.2013, and quash the same as

¶13

_____________ Page 1 of 4_

¶14

https://www.mhc.tn.gov.in/judis

¶15

W.P.No.2366 of 2013

¶16

illegal, arbitrary, without jurisdiction, in violation of Principles of Natural Justice and the provisions of the Food Safety and Standards Act 2006, consequently direct the Respondents 1 to 3 to continue the petitioner as Food Safety Officer, impart all the necessary training with continuity of service, salary arrears, monetary and all service and other attendant benefits.

¶17

For Petitioner : Mr.K.Srinivasa Murthy

¶18

For Respondents : Mr.E.Sundaram, Govt. Advocate.

¶19

ORDER

¶20

When the matter is taken up for consideration, it is brought to the notice of this Court by the learned counsel for the petitioner that the petitioner filed yet another writ petition, after filing of the present writ petition, vide W.P.No.18785 of 2019, and the said writ petition was allowed by a coordinate bench of this Court, vide order, dated 08.01.2025.

¶21

In the light of the above order, according to the learned counsel

¶22

for the petitioner, nothing survives in the present writ petition.

¶23

Accordingly, this Writ Petition is closed, for having become infructuous. No costs. Consequently, the connected M.P.Nos.1,2, 3 and 4 of 2013 are closed.

¶24

13.08.2025

¶25

Page 2 of 4

¶26

https://www.mhc.tn.gov.in/judis

¶27

W.P.No.2366 of 2013

¶28

NCC : Yes / No Index : Yes / No Internet : Yes / No

¶29

dixit