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[Cites 1, Cited by 0]

Madras High Court

Kfc Restaurant vs The Adjudicating Officer Cum on 13 December, 2021

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                                   W.P.No.21369 of 2018


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 13.12.2021

                                                       CORAM

                                  THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                               W.P.No.21369 of 2018
                                        and W.M.P.Nos.25048 & 25049 of 2018

                  KFC Restaurant,
                  Rep. by its Manager,
                  A.D.Harissh Deepak                                           ...Petitioner

                                                        Vs

                  1.The Adjudicating Officer cum
                    District Revenue Officer,
                    Tiruvallur, Tiruvallur District.

                  2.The Commissioner of Food Safety,
                    No.359, Anna Salai,
                    DMS Campus, Teynampet,
                    Chennai -6.

                  3.The Designated Revenue Officer,
                    (TNFS 7 DA Department),
                    Office of the D.D.H.S. Campus,
                    No.54/1, Asoori Street,
                    Tiruvallur - 602 001.                                ... Respondents

                  Prayer Writ Petition filed under Section 226 of the Constitution of India,
                  prayed for the issuance of Writ of Certiorari, calling for the entire records


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https://www.mhc.tn.gov.in/judis
                                                                                            W.P.No.21369 of 2018


                  relating to the impugned order passed by the first respondent in his proceedings
                  in Na.Ka.18940/2015/S1, dated 04.08.2017 and quash the same.
                                      For Petitioner           : Mr.C.Prakasam
                                      For Respondents          : Mr.M.Shahjahan
                                                                 Special Government Pleader

                                                               ORDER

This Writ Petition has been filed, for the issuance of Writ of Certiorari, calling for the entire records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.18940/2015/S1, dated 04.08.2017 and quash the same.

2.When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the respondents submitted that, the alternative remedy is available for the petitioner before the Appellate Tribunal under Food Safety and Standard Act, which was constituted subsequent to the filing of the Writ Petition.

3.The learned counsel for the petitioner also submitted that liberty may be granted to the petitioner to approach the Appellate Tribunal.

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https://www.mhc.tn.gov.in/judis W.P.No.21369 of 2018

4.Recording the submissions made by either side counsel, this Writ Petition is disposed of with the direction to the petitioner to approach the Appellate Tribunal, DMS Complex, Teynampet, within a period of two months from the date of receipt of a copy of this order. In such case, the Tribunal shall consider the case of the petitioner on merits. No costs. Connected miscellaneous petitions are closed.

13.12.2021 Index: Yes/No Internet:Yes/No Speaking Order/Non Speaking Order rst To

1.The Adjudicating Officer cum District Revenue Officer, Tiruvallur, Tiruvallur District.

2.The Commissioner of Food Safety, No.359, Anna Salai, DMS Campus, Teynampet, Chennai -6.

3.The Designated Revenue Officer, (TNFS 7 DA Department), Office of the D.D.H.S. Campus, No.54/1, Asoori Street, Tiruvallur - 602 001.

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https://www.mhc.tn.gov.in/judis W.P.No.21369 of 2018 KRISHNAN RAMASAMY,J.

rst W.P.No.21369 of 2018 and W.M.P.Nos.25048 & 25049 of 2018 13.12.2021 4/4 https://www.mhc.tn.gov.in/judis