Kerala High Court
Thomas Varghese vs State Of Kerala on 27 February, 2025
2025:KER:16826
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946
WP(C) NO. 11219 OF 2019
PETITIONER:
THOMAS VARGHESE, AGED 57 YEARS,
S/O.VARGHESE, SOUBHAGYA, PALLICKAL.P.O.,
KATTANAM, ALAPPUZHA-690503.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
A.R.DILEEP
P.J.JOE PAUL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT HEALTH AND
FAMILY WELFARE DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA,
REPRESENTED BY ITS CHAIRMAN, FDA BHAWAN, NEAR BAL
BHAWAN, KOTLA ROAD, NEW DELHI-110002.
3 COMMISSIONER OF FOOD SAFETY,
OFFICE OF THE COMMISSIONER OF FOOD SAFETY,
THYCAUD, THIRUVANANTHAPURAM-695014.
4 EXCISE COMMISSIONER,
EXCISE HEADQUARTERS, BAKERY JUNCTION,
NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-695033.
W.P.(C)No.11219 of 2019 2 2025:KER:16826
5 EXCISE INSPECTOR,
EXCISE RANGE OFFICE, MAVELIKKARA RANGE,
MAVELIKKARA, KERLA-690101.
BY ADVS.
SRI.SANTHAN V. NAIR, SC,
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
GOVERNMENT PLEADER
OTHER PRESENT:
SRI E G GORDEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.11219 of 2019 3 2025:KER:16826
JUDGMENT
The petitioner has filed the captioned writ petition pointing out that he is engaged in the manufacture, storage and sale of certain non-alcoholic beverages on the basis of Ext.P2 license issued by the 3rd respondent herein.
2. The prayers sought for by the petitioner in this writ petition are as under:
"i) declare that a license issued under Section 31 of the Food Safety and Standards Act, 2006 enables a licensee to manufacture, store and sell a food item as defined under Section 3(j) of the said Act;
ii) declare that a license under the Kerala Abkari Act or Kerala Winery Rules, 1970 is not essential for the manufacture, storage and sale of non-alcoholic beverage like grape juice having alcoholic content of less that 0.50%;
iii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing respondents 1 and 3 to 5 to desist from interfering with the conduct of Soubhagya Munthirichar Ulappadanavum Vitharanavum covered by Exts.P2 to P7 licenses;
iv) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing respondents 1 and 3 to 5 to desist from interfering with the manufacture, storage and sale of W.P.(C)No.11219 of 2019 4 2025:KER:16826 "Soubhagya Grape Drink", a grape juice in "Soubhagya Munthirichar Ulappadanavum Vitharanavum" at Kattanam, Pallickal P.O., Alappuzha.
v) issue such other writ, direction of order as deemed fit; and,"
3. On 10.04.2019, while admitting this writ petition, this Court recorded the submission made by the learned Government Pleader as under:
"Learned Sr. Government Pleader takes notice for the 1st respondent and 3rd to 5th respondents and seeks time for taking instructions and filing counter affidavit.
Sri.V.T.Reghunath, learned Standing Counsel seeks time for taking instructions and filing counter affidavit.
In the meanwhile, submission made by the learned Government Pleader that, there is no interference made by the authorities under the Abkari Act and Rules to the business carried out by the petitioner, however, they are only carrying out frequent inspection, in order to ascertain whether any alcoholic beverages are sold by the petitioner and for taking samples. This is recorded."
4. I have heard the learned counsel for the petitioner and Sri.E.G.Gorden, the learned Senior Government W.P.(C)No.11219 of 2019 5 2025:KER:16826 Pleader.
In the light of the afore prayers made in the writ petition, and the interim order dated 10.04.2019 referred to above, I am of the opinion that the prayers in the writ petition have worked themselves out. In such circumstances, recording the submissions made by the learned Government Pleader on 10.04.2019 as above, this writ petition would stand closed.
Sd/-
HARISANKAR V. MENON JUDGE ANA W.P.(C)No.11219 of 2019 6 2025:KER:16826 APPENDIX OF WP(C) 11219/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF CERTIFICATE DATED 26.9.2018 ISSUED BY THE DEPARTMENT OF RADIOTHERAPY OF THE GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOTTAYAM.
EXHIBIT P2 A TRUE COPY OF FOOD SAFETY AND STANDARD LICENSE NO.11318004000312 ISSUED IN FAVOUR OF THE PETITIONER IN FORM C BY THE 3RD RESPONDENT.
EXHIBIT P3 A TRUE COPY OF D & O LICENSE ISSUED BY BHARANICKAVU GRAMA PANCHAYAT. EXHIBIT P4 A TRUE COPY OF CERTIFICATE ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES.
EXHIBIT P5 A TRUE COPY OF REGISTRATION CERTIFICATE DATED 27.7.2018 UNDER THE CENTRAL GOODS AND SERVICES TAX ACT, 2017.
EXHIBIT P6 A TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 13.12.2018 UNDER THE LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011.
EXHIBIT P7 A TRUE COPY OF REPORT OF ANALYSIS OF WATER ISSUED BY THE QUALITY CONTROL SUB DIVISION LABORATORY OF THE KERALA WATER AUTHORITY.
EXHIBIT P8 A TRUE COPY OF CERTIFICATE OF EXAMINATION DATED 14.1.2019 ISSUED BY THE FOOD ANALYST OF THE GOVERNMENT'S ANALYSIS LABORATORY.
EXHIBIT P9 A TRUE COPY OF PHOTOGRAPHS OF THE BUSINESS ESTABLISHMENT OF THE PETITIONER. EXHIBIT P10 A TRUE COPY OF CRIME AND OCCURRENCE W.P.(C)No.11219 of 2019 7 2025:KER:16826 REPORT.
EXHIBIT P11 A TRUE COPY OF MAHAZAR PREPARED BY THE 5TH RESPONDENT.
EXHIBIT P12 A TRUE COPY OF THE REMAND APPLICATION SUBMITTED BY THE 5TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, KAYAMKULAM.
EXHIBIT P13 A TRUE COPY OF JUDGMENT DATED 10.10.2018 OF THIS HONOURABLE COURT IN BAIL APPLICATION NO.6788/2018.
RESPONDENT EXHIBITS ANNEXURE R5(A) A TRUE COPY OF CHEMICAL ANALYSIS REPORT.