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Kerala High Court

Manjilas Food Tech (P) Ltd vs Union Of India on 4 April, 2022

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
           Monday, the 4th day of April 2022 / 14th Chaithra, 1944
                            WP(C) NO. 1727 OF 2021
PETITIONER:

     MANJILAS FOOD TECH (P) LTD., MANJILAS,SASTHRI ROAD,NELLIKKUNNU,
     THRISSUR-680005,REPRESENTED BY IT'S COMPANY SECRETARY T.M.AKHIL.

RESPONDENTS:

  1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY,HEALTH AND FAMILY
     WELFARE DEPARTMENT,NEW DELHI-110002.
  2. FOOD SAFETY STANDARDS INSTITUTE OF INDIA, FDA BHAVAN, KOTLA ROAD,
     NEW DELHI-110002,REPRESENTED BY IT'S CHIEF EXECUTIVE OFFICER.
  3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
     TRIVANDRUM-695001.
  4. COMMISSIONER OF FOOD SAFETY, THYCAUD.P.O,TRIVANDRUM-695014.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the fourth respondent not to initiate any coercive
proceedings against the petitioner for any allegation of the goods
manufactured by the petitioners failing to maintain the standards for
pesticides mentioned in Food Safety and Standards (Contaminants, Toxins
and Residues) Regulations, 2011.


     This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and upon hearing the
arguments of SRI. PREMJIT NAGENDRAN, Advocate for the petitioner,
SRI.S.VAIDYANATHAN, CENTRAL GOVERNMENT COUNSEL for R1, SRI. SANTHAN
V.NAIR, Advocate for R2 and of GOVERNMENT PLEADER for R3 and R4, the court
passed the following:




                                                            p.t.o
                            P.V.KUNHIKRISHNAN, J.
                            ======================================================

                        W.P.(C) Nos.1727, 1740, 20507,
                         7223, 8542 & 22856 of 2021
                         =============================================================

                       Dated this the 4th day of April, 2022

                                              ORDER

When these matters came up for consideration, the learned Standing Counsel appearing for the 2nd respondent - Food Safety Standards Authority of India, takes me through paragraph 5 of the additional statement filed by them on 03.02.2021, in which it is stated that it will take six months time to complete the entire process for fixation of Pesticides Minimum Residue Limit (MRL).

In the light of the above, there will be a direction to the 2 nd respondent to complete the process within six months.

             Post after six months.                                                  sd/-


                                                                P.V.KUNHIKRISHNAN
                                                                        JUDGE
       das




04-04-2022                      /True Copy/                                                 Assistant Registrar