WP/34666/2018 of Srivasavi Sweets and Backery Preparation Centre Vs The State of Tamil Nadu on 28 December 2018

1. The State of Tamil Nadu, Rep by its Secretary, Municipal Administration, St.George Fort, Chennai.

Vs.

2. The Commissioner, Kallakurichy Municipality, Villupuram District .. Respondents Petition filed under Article 226 of the Constitution ofIndia praying to issue a writ of certiorari, to call for therecordspertainingtotheimpugnedorderinNa.Ka.No.3569/2018/A4 dated 21.12.2018 from the file of thesecond respondent and quash the same.

For Respondent-1 .. Mr.D.Surya Narayanan Additional Government PleaderFor Respondent-2 .. Mr.M.Elumalai Government AdvocateORDER

By consent, this Writ Petition is taken up for finaldisposal at the admission stage itself.

2. This Writ petition has been filed seeking for theissuance of Writ of Certiorari to call for the records

https://hcservices.ecourts.gov.in/hcservices/

pertaining to the impugned order, issued by the secondrespondent in Na.Ka.No.3569/2018/A4 dated 21.12.2018 and quashthe same.

3. The petitioner was given Form-C licence on 24.04.2017 bythe Designated Officer, Food Safety and Standards Act,Collectorate, Villupuram, which is valid upto 23.04.2022. Basedon the complaint given by one Vandarayan, who has beenadmittedly not made as a party for the reasons best known to thepetitioner, the manufacturing unit was temporarily closed.Challenging the same, the present Writ Petition has been filed.

4. Heard both sides and perused the materials available onrecord.

5. It is seen from the records that the petitioner wasrunning a factory and he has not obtained prior permission forrunning manufacturing unit and it was temporarily kept underlock and seal. From the undated letter of the petitioner asfiled in page 5 of the typed set of papers filed along with theWrit Petition, it is clear that he was running a factory andmanufacturing of sweets and he has agreed that the furnace usedfor manufacturing sweets with the help of wood, had been removedand that the chimney has also been removed. From this, it isclear that he was running the business activities andmanufacturing process. That apart, the Fire Service Departmenthas also given No Objection Certificate on 06.12.2018 statingthat there is no objection from the Fire Service point of viewto grant licence to the said premises for Small ScaleIndustrial-Sweet Manufacturing. From the aforesaid certificate,it is clear that the industrial activities were going on withregard to manufacturing of sweets.

6. From the communication dated 20.11.2018, it is clear thatthere has been a clear violation with regard to the storage ofwater, which has caused water pollution and because of dischargeof waste water, lot of mosquitoes were breeding in the saidareas, which may also lead to different types of diseases. Eventhough the petitioner has stated that he has constructed aseptic tank for the purpose of removing the waste water, it isclear that the licence renewed by the Tamil Nadu Food Safety andDrug Administration Department has been cancelled on 27.12.2018.Further, from the photograph produced by the respondents, it isclear that the ground water has been completely spoiled becauseof collection of waste water. It is also stated by therespondents that the petitioner has not obtained priorpermission for running the factory and that several applicationsmade by the petitioner are pending before the authorityconcerned, which are yet to be considered.

7. As long as there is no safety of ground water and thatthe petitioner was carrying on his manufacturing activitieswithout prior permission and that Food Safety Department hascancelled the licence on 27.12.2018 and that the manufacturingbusiness was carried on in an unauthorised building, i am of theview that the relief sought for by the petitioner cannot begranted.

8. Even assuming for the sake of argument that the impugnedorder is with regard to the closure of the unit temporarily,taking note of the subsequent cancellation by the Food SafetyDepartment on 27.12.2018, no activity can be carried on by thepetitioner, the Writ Petition is dismissed not only on merits,but also on the ground of non-joinder of necessary parties, asthe complainant has not been made as a party to the WritPetition. No costs. Consequently, connected miscellaneouspetitions are closed.

Sd/- Assistant Registrar/Vacation Officer arr/vsm/srnTo //True Copy// Sub Assistant Registrar

1. The Secretary, State of Tamil Nadu, Municipal Administration, St.George Fort, Chennai.

2. The Commissioner, Kallakurichy Municipality, Villupuram District