Madras High Court
WP(MD)/31870/2026 of Minnarasi Vs The Commissioner on 10 November 2026
WP(MD) No. 31870 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 31870 of 2026
CNR:{HCMD011588042026}
AND
Minnarasi
..Petitioner(s)
Vs
1. The Commissioner
Tamil Nadu Food Safety and,
Drug Administration Department,
DMS Campus,
Teynampet,
Chennai - 600 006
2. The Designated Officer
Tamil Nadu Food Safety and,
Drug Administration Department,
Food Safety Wing,
Virudhunagar District
3. The State of Tamilnadu
Rep by its, The Inspector Of Police,
Dhalavaipuram Police Station,
Virudhunagar District
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating the impugned order in Na.Ka.No.2679/A1/UPATHASA/2024 dated 08.08.2026 issued by the
WP(MD) No. 31870 of 2026
2nd respondent and quash the same.
For Petitioner(s)
:Mr.S.N.Kaleeswaran
For Respondent(s)
:Mr.S.Iniyan Karthik
Government Advocate (Civil Side)
for R1 & R2
Mr.R.Mohamed Riyaz
Government Advocate (Crl.Side)
for R3
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ORDER
On the allegation that the petitioner was unlawfully dealing with tobacco products, Crime No.268 of 2026 was registered by the third respondent and the petitioner’s petty shop was placed under seal by the second respondent. Order dated 08.08.2026 of the second respondent is challenged in this Writ Petition.
2. Learned counsel for the petitioner submits that the petitioner was not selling tobacco products in the petty shop. He also submits that power cannot be exercised under Rule 2.1.3 (4) of the Food Safety and Standards Rules, 2011, unless the Food Safety Officer is not in a position to keep in safe custody and send for analysis the seized substances. In this case, he submits that it is possible for the Food Safety Officer to take action in accordance with Section 38(1)(c) of the Food Safety and Standards Act, 2006.
WP(MD) No. 31870 of 2026
3. Mr.S.Iniyan Karthik, learned Government Advocate (Civil Side), accepts notice for respondents 1 and 2. Mr.R.Mohamed Riyaz, learned Government Advocate (Crl.Side), accepts notice for the third respondent.
4. Learned Government Advocate (Civil Side) for respondents 1 and 2 submits that the petitioner was called upon to submit the documents mentioned in the penultimate paragraph of order dated 08.08.2026. Subject thereto, he submits that the application for de-sealing would be considered and disposed of within two weeks.
5. In view of the above submissions of learned Government Advocate (Civil Side), this Writ Petition is disposed of by directing the petitioner to provide all documents called for in order dated 08.08.2026. Within two weeks from the date of receipt thereof, the second respondent is directed to pass orders on the petitioner’s request for de-sealing. Any documents submitted earlier in this regard by the petitioner shall be taken into account for the above purposes. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd
WP(MD) No. 31870 of 2026 To
1. The Commissioner Tamil Nadu Food Safety and Drug Administration Department DMS Campus Teynampet Chennai - 600 006
2. The Designated Officer Tamil Nadu Food Safety and Drug Administration Department Food Safety Wing Virudhunagar District
3. The Inspector Of Police Dhalavaipuram Police Station Virudhunagar District
WP(MD) No. 31870 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 31870 of 2026 AND
10-11-2026