Madras High Court
M/S. Aachi Masala Food Private Limited vs The Food Safety And Standards Authority ... on 21 June, 2019
Author: P.D. Audikesavalu
Bench: P.D.Audikesavalu
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :21.06.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. No. 295 of 2019
and
W.M.P. No. 309 of 2019
M/s. Aachi Masala Food Private Limited,
Represented by its Authorized Signatory,
V. Sukumar,
Registered Office at No. 1926, 34th Street,
'I' Block, Aishwarya Colony,
Anna Nagar West,
Chennai - 600 040. ... Petitioner
-vs-
1. The Food Safety and Standards Authority of India,
Represented by its Chief Executive Officer,
SBA Bhavan,
Kotla Road,
New Delhi - 110 002.
2. The Commissioner of Food Safety,
Tamil Nadu Food Safety and Drug Administration Department,
5th Floor, D.M.S. Building,
No. 259, Anna Salai,
Teynampet,
Chennai - 600 006.
3. The Adjudicating Authority
under the Food Safety and Standards Act,
Additional District Magistrate/District Revenue Officer,
Salem.
http://www.judis.nic.in
2
4. The District Designated Officer (Salem),
Tamil Nadu Food Safety and Drug Administration Department,
Salem.
5. The Food Safety Officer,
Yercaud Union,
Salem District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorari, calling for the records
comprised in Na. Ka. No. 24914/2015/17 dated 24.08.2018 on the file of
the Third Respondent, quash the same.
For Petitioner : Mr. R. Bharanidharan
For Respondents : Mr. M. Karthikeyan,
Additional Government Pleader
ORDER
Though remedy in the nature of statutory appeal has been provided under Section 70 of the Food Safety and Standard Act, 2006, to challenge the order impugned in this Writ Petition, the Appellate Tribunal was not functional at the time of filing of the Writ Petition on 20.12.2018. It is brought to the notice of this Court by the Learned Additional Government Pleader appearing for the Respondents that G.O. (Ms) No. 225, Health and Family Welfare (M1) Department dated 11.06.2018 has been issued by the Government of Tamil Nadu notifying http://www.judis.nic.in 3 that the Appellate Tribunal has been constituted and has started to hear appeals from 01.02.2019 onwards against the adjudication orders made under Section 68 of the Food Safety and Standards Act, 2006. In view of the same, the Learned Counsel for the Petitioner seeks leave of this Court to withdraw the Writ Petition and file such appeal before the Appellate Tribunal by 15.07.2019.
2. Recording the same, the Writ Petition is dismissed as withdrawn granting the aforesaid liberty. However, it is made clear that inasmuch as this Writ Petition has been pending in this Court at the time when the Appellate Tribunal started to function, the Appellate Tribunal shall not go into the question of limitation in filing the proposed appeal, if the same is presented on or before 15.07.2019. Consequently, the connected Miscellaneous Petition is closed. No costs.
21.06.2019
vjt
Index : Yes/No.
Note: Issue order copy by 24.06.2019. http://www.judis.nic.in 4 P.D. AUDIKESAVALU, J.
vjt To
1. The Food Safety and Standards Authority of India, Represented by its Chief Executive Officer, SBA Bhavan, Kotla Road, New Delhi - 110 002.
2. The Commissioner of Food Safety, Tamil Nadu Food Safety and Drug Administration Department, 5th Floor, D.M.S. Building, No. 259, Anna Salai, Teynampet, Chennai - 600 006.
W.P. No. 295 of 2019
3. The Adjudicating Authority under the Food Safety and Standards Act, Additional District Magistrate/District Revenue Officer, Salem.
4. The District Designated Officer (Salem), Tamil Nadu Food Safety and Drug Administration Department, Salem.
5. The Food Safety Officer, Yercaud Union, Salem District.
21.06.2019 http://www.judis.nic.in