Madras High Court
M/S Britto Seafoods Exports vs The Assistant Commissioner Of on 24 June, 2011
Author: M.Jaichandren
Bench: M.Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.6.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.14785 of 2011 1 M/S BRITTO SEAFOODS EXPORTS [ PETITIONER ] PVT. LTD., REP. BY ITS DIRECTOR MR.ALBIN MICHAEL Vs 1 THE ASSISTANT COMMISSIONER OF CUSTOMS (GROUP-I), CUSTOM HOUSE NO: 60 RAJAJI SALAI CHENNAI-1 2 AUTHORISED OFFICER GOVERNMENT OF INDIA, FOOD SAFETY AND STANDARDS AUTORITY OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, SOUTH REGIONAL OFFICE-MFPO C/O. DIRECTORATE OF MARKETING & INSPECTION SHASTRI BHAVAN, CHENNAI-6 3 THE DIRECTOR GENERAL DIRECTOR GENERAL OF HEALTH SERVICES NIRMAN BHAVAN, NEW DELHI [ RESPONDENTS ] Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent culminating in the issue of the communication dated 14.6.2011 from file No.S.Misc/66/2011-GR.1 and quashing the same direct the respondents herein to draw samples and test the goods with regard to compliance with the PFA Act 1954 after permitting them to affix labels containing the date of manufacture and pass such further or other orders.
For petitioner : Mr.S.Murugappan
For respondents : Mr.P.Mahadevan
CGSC for R1
Mr.V.Balamurugan ACGSC for R2 and R3
O R D E R
The learned counsels take notice for the respondents.
2. Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 2.6.2011, on merits and in accordance with law, within a specified period.
3. The learned counsels appearing on behalf of the respondents, have no objection for such an order being passed by this Court.
4. In view of the submissions made by the learned counsels appearing on either side, the first respondent is directed to dispose of the representation, dated 2.6.2011, on merits and in accordance with law, as expeditiously as possible, not later than fifteen days from the date of receipt of a copy of this order. The petitioner is directed to furnish a copy of the representation, dated 2.6.2011, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.
5. Accordingly, the writ petition is disposed of, with the above directions. No costs. Connected M.P.No.1 of 2011 is closed.
To:
1 THE ASSISTANT COMMISSIONER OF CUSTOMS (GROUP-I), CUSTOM HOUSE NO: 60 RAJAJI SALAI CHENNAI-1 2 AUTHORISED OFFICER GOVERNMENT OF INDIA FOOD SAFETY AND STANDARDS AUTORITY OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, SOUTH REGIONAL OFFICE-MFPO C/O. DIRECTORATE OF MARKETING & INSPECTION SHASTRI BHAVAN, CHENNAI-6 3 THE DIRECTOR GENERAL, DIRECTOR GENERAL OF HEALTH SERVICES NIRMAN BHAVAN NEW DELHI