Keya Foods International Private ... vs The Food Safety And Standards Of ...
2021 Latest Caselaw 15521 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                  WP(C) NO. 13450 OF 2021
PETITIONER:

         KEYA FOODS INTERNATIONAL PRIVATE LIMITED
         HAVING ITS REGISTERED OFFICE AT KUTHIATHODE,
         THURAVOOR P.O., CHERTHALA-688 532, REPRESNTED BY
         ITS AUTHORISED SIGNATORY CS SUNIL S.MENON

         BY ADVS.
         JOSEPH KODIANTHARA (SR.)
         ASWIN GOPAKUMAR
         NIRANJAN SUDHIR
         KANDAMPULLY VIKRAM



RESPONDENTS:

    1    THE FOOD SAFETY AND STANDARDS OF INDIA
         HAVING ITS HEAD OFFICE AT FDA BHAWAN, KOTLA
         ROAD, NEAR BAL BHAWAN, NEW DELHI-110 002,
         REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

    2    THE EXECUTIVE DIRECTOR (CS)
         THE FOOD SAFETY AND STANDARDS AUTHORITY OF
         INDIA, FDA BHAWAN, KOTLA ROAD, NEAR BAL BHAWAN,
         NEW DELHI-110 002

    3    THE DEPUTY DIRECTOR (AUTHORISED OFFICER),
         SUB-REGIONAL OFFICE OF FOOD SAFETY AND STANDARDS
         AUTHORITY OF INDIA, NORTH END, WIILINGDON
         ISLAND, COCHIN-682 009

    4    THE COMMISSIONER OF FOOD SAFETY
         OFFICE OF THE COMMISSIONER OF FOOD SAFETY,
         THYCAUD P.O., THIRUVANANTHAPURAM,PIN-695 014
 W.P.(C) No.14152 of 2021                   2


     5          THE ASSISTANT COMMISSIONER OF FOOD SAFETY,
                DMO(H), OFFICE COMPOUND, BAZAAR P.O., ALAPPUZHA-
                688 012

     6          THE FOOD SAFETY OFFICER,
                (FOR CHERTHALA, DMO(H), OFFICE COMPOUND, BAZAAR
                P.O., ALAPPUZHA-688 012

                BY ADV CHITHRA P.GEORGE

                BY V. MANU, SPL GP




         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   23.07.2021,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.14152 of 2021                    3



                      W.P.(C) No.13450 of 2021
                -----------------------------------------------
                             JUDGMENT

The grievance of the petitioner in the writ petition

concerns Ext.P3 alert notice issued by the second respondent.

In terms of the interim order passed by this court on

08.07.2021, this court stayed Ext.P3 in part.

2. Today, when this matter was taken up, the

learned counsel for respondents 1 to 3 submitted that Ext.P3

alert notice has been withdrawn in terms of the order dated

15.07.2021. The learned counsel has also made available a

copy of the said order.

In the light of the order dated 15.07.2021, nothing

survives in the writ petition and the same is, therefore, closed

recording the submission made by the learned counsel for

respondents 1 to 3.

Sd/-

P.B.SURESH KUMAR, JUDGE.

ds 23.07.2021

APPENDIX OF WP(C) 13450/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 02.07.2021 ISSUED BY THE FOOD SAFETY OFFICER IN AHMEDABAD, GUJARAT TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE NOTICE DATED 03.07.2021 ISSUED BY THE FOOD SAFETY OFFICER, THANE, MAHARASTRA TO THE PETITIONER

Exhibit P3 TRUE COPY OF THE ADVISORY DATED 01.07.2021

Exhibit P4 TRUE COPY OF THE DETAILS REGARDING IMPORTS EFFECTS BY THE PETITIONER IN TABULAR FORM

Exhibit P5 FLOW CHART DEPICTING THE PROCESS RELATING TO IMPORT OF DRIED OREGANO

Exhibit P6 TRUE COPIES OF RELEVANT SHOPPING DOCUMENTS RELATING TO AN IMPORT OF DRIED OREGANO FROM CHILE EFFECTED BY THE PETITIONER COMPANY

Exhibit P7 TRUE COPY OF THE FLOW CHART OF THE PRODUCTION PROCESS

Exhibit P8 TRUE COPY OF THE DETAILS OF FINAL PRODUCTS PRODUCED FROM CHILEAN OREGANO, IN TABULAR FORM

Exhibit P9 TRUE COPY OF THE EMAIL DATED 03.07.2021

Exhibit P10 TRUE SUMMARY OF ALL TEST/ANALYSES REPORTS FOR PRODUCTS PRODUCED FROM CHILEAN OREGANO

Exhibit P11 TRUE COPY OF THE EMAIL DATED 04.07.2021

Exhibit P12 TRUE COPY OF THE FOOD SAFETY STANDARDS (FOOD RECALL PROCEDURE CODE) REGULATION 2017

Exhibit P13 TRUE COPY OF THE FOOD RECALL PLAN IMPLEMENTED BY THE PETITIONER IN ACCORDANCE WITH THE PROVISIONS SUPRA