Lukmanul Hakeem H vs The Commissioner For Food Safety
2021 Latest Caselaw 7123 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                      WP(C).No.29057 OF 2020(F)


PETITIONER:

               LUKMANUL HAKEEM H.
               AGED 21 YEARS
               S/O.ABDURAHMAN H., HAJYARAKATH HOUSE, AZHIKKAL,
               PONNANI NAGARAM, MALAPPURAM DISTRICT - 679 583.

               BY ADVS.
               SRI.E.C.AHAMED FAZIL
               SHRI.THARIQ MAIDEEN

RESPONDENTS:

      1        THE COMMISSIONER FOR FOOD SAFETY
               KERALA, OFFICE OF THE COMMISSIONER OF FOOD SAFETY,
               THYCAUDU POST, THIRUVANANTHAPURAM - 695 014.

      2        THE ASSISTANT COMMISSIONER OF FOOD SAFETY
               MALAPPURAM CIVIL STATION, MALAPPURAM - 676505.

      3        THE FOOD SAFETY OFFICER,
               PONNANI, PONNANI CIRCLE OFFICE, PONNANI NAGARAM,
               PONNANI - 679 577.


               SMT.PRINCY XAVIER, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      P.V.ASHA, J.
                  -----------------------------------------------------
                           W.P(c) No.29057 of 2020 - F
                   ----------------------------------------------------
                       Dated this the 1st day of March, 2021

                                 JUDGMENT

The complaint of the petitioner is that despite applications for registration

and licence submitted as early as on 27.08.2020 and 16.09.2020 respectively, the

respondents are not taking any action to consider the same.

2. The learned Government Pleader on instructions submits that

registration is already granted and the application for licence is pending.

Therefore, the Writ Petition is disposed of with a direction to the

respondents that in case registration is granted, the certificate shall be forwarded to

the petitioner within a period of two weeks.

                                               Sd/-         (P.V.ASHA, JUDGE)

rtr/
 W.P(c).No.29057/2020-F




                             APPENDIX


PETITIONER'S EXHIBITS:



EXHIBIT P1               TRUE COPY   OF THE ACKNOWLEDGMENT CERTIFICATE

ISSUED BY THE DEPARTMENT OF INDUSTRIES AND COMMERCE, KERALA UNDER THE KERALA MICRO SMALL AND MEDIUM ENTERPRISES FACILITATION ACT, 2019 TO PETITIONER.

EXHIBIT P1(a) TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY 'UDAYAM' MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA TO PETITIONER.

EXHIBIT P1(b) TRUE COPY OF THE CONSENT TO OPERATE (FIRST PAGE ONLY) ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO PETITIONER.

EXHIBIT P1(c) TRUE COPY OF THE LICENCE ISSUED BY THE PONNANI MUNICIPALITY TO PETITIONER.

EXHIBIT P2 TRUE COPY OF APPLICATION FOR REGISTRATION UNDER FOOD SAFETY AND STANDARDS ACT PREFERRED BY PETITIONER DATED 27/08/2020.

EXHIBIT P2(a) TRUE COPY OF RECEIPT ISSUED AGAINST EXHIBIT P2 APPLICATION FOR REGISTRATION DATED 27/08/2020.

EXHIBIT P3 TRUE COPY OF RECEIPT DATED 16/09/2020 AGAINST REFERENCE NO.20200827154509567, APPLICATION FOR LICENSE SUBMITTED BEFORE COMMISSIONERATE OF FOOD SAFETY.