Document Fragment View

Matching Fragments

5. At this stage, the Learned counsel for the Petitioner brings it to the notice of this Court that on 01.03.2016, the fifth respondent/Designated Officer, Tamil Nadu Food Protection and Drugs, Administration Department, Karur District (as per para No.4 of the counter affidavit filed by the fifth respondent) and the 6th respondent/Food Safety Officer, Tamil Nadu Food Protection and Drugs, Administration Department, Karur District, along with the Revenue Divisional Officer, Karur, Tahsildar, K.Paramathi, Inspector of Police, K.Paramathi Police Station, Village Administrative Officer, K.Paramathi and media persons made an entry into the petitioner's company, without any Search Warrant and intimation, during evening time and without the presence of the Proprietor, they searched the company premises and took samples without consent, without any prior notice and due opportunity to the petitioner/company, to state its explanation and against the Law. Moreover, even without obtaining the result of the analysis report from the Food Analyst and that without jurisdiction and without following the mandatory proceedings contemplated under the Rules and Regulations, formulated under the Food Safety and Standards Act, 2006.

9.Conversely, it is the submission of the Learned Counsel for the the respondent Nos.1 to 5 that the third respondent/District Collector, Karur District had received representation from the public that the petitioner/ company is indulging in purchasing of substandard edible oil and changing them as cooking oil by mixing chemical and supplied adulterated edible oil to the public and caused health hazards to the public. Also that, the Superintendent of Police, Karur District also received a communication from the District Collector and that the fourth respondent/District Revenue Officer, Karur District and the fifth respondent/Designated Officer, Tamil Nadu Food Protection and Drugs, Administration Department, Karur District, had visited the P.P.Oil Mills situated at Athirettipalayam, K.Paramathi, Aravakurichy Taluk, on 19.02.2016 and on that inspection, the said P.P.Oil Mill was found to be run by one A.N.Priya, W/o.Nehru and Punithavathi, W/o.Palanivel as a partnership firm and the unit was not functioning for the past 6 months and no employee was working at that premises.

10.In this connection, the Learned Counsel for the respondents brings it to the notice of the Court that the third respondent/District Collector, received a representation from the public that adulterated oil was processed in the petitioner's premises and in that process, the District Collector directed the Revenue, Police Officials and the 5th and 6th respondents to inspect the P.P.Oil Mill situated at Athirettipalayam, K.Paramathi and submit a report to him. As per direction issued, the above said officials and the 5th and 6th respondents had inspected the premises on 01.03.2016 and found that one P.P.Oil Mill situated in front of the premises, was closed before 6 months and there was no production in that unit.

17.By way of reply, the Learned Counsel for the Petitioner submits that the Proprietor of the petitioner's company had addressed a representation to the District Collector, Karur District (3rd respondent) and the District Revenue Officer, Karur District (4th respondent) and the Designated Officer, Tamil Nadu Food Safety and Drugs, Administration Department (5th respondent), praying for removal of seal in respect of Nigitha Trading Company, K.Paramathi, Karur District (owned by him). Further, he had also made a request for examining his purchase receipts, sale receipts etc.,