Balraj K vs The Asst.Commissioner Of Food ...
2021 Latest Caselaw 22972 Ker

MSA(FS) No.6/2021                          1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                        THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
             Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943
                         IA.NO.1/2021 IN MSA(FS) NO. 6 OF 2021

 FOOD SAFETY APPEAL NO.22/2019 OF THE FOOD SAFETY APPELLATE TRIBUNAL/ADDITIONAL
                     DISTRICT COURT-III,THIRUVANANTHAPURAM,

           CASE NO.1718/19/H1 ON THE FILE OF ADJUDICATING OFFICER FSS & SUB
                                COLLECTOR,KANHANGAD.

   PETITIONERS/APPELLANTS:

      1. BALRAJ K, AGED 51 YEARS S/O. LATE V.K. KRISHNAN, K.R. NIVAS,
         HARIPURAM P.O, PULLUR, KANHANGAD, KASARGODE DISTRICT-671 531. (FOOD
         BUSINESS OPERATOR).
      2. JOLLEY BAKERS N SCOPE, KMC 2/560 A, B, C,D, NEAR JENNY FLOWERS,
         KANHANGAD, KASARGODE, PIN 671 315, (FBE/SHOP), REPRESENTED BY ITS
         PROPRIETOR, SRI. BALRAJ K, THE 1ST APPELLANT.
      3. NEW JOLLY BAKERY, KANHANGAD, KASARAGODE 671 315. (MANUFACTURING
         FIRM), REPRESENTED BY ITS PROPRIETOR, SRI. BALRAJ K, THE 1ST
         APPELLANT.

   RESPONDENTS/RESPONDENTS:

      1. THE ASSISTANT COMMISSIONER OF FOOD SAFETY, (DESIGNATED OFFICER),
         OFFICE OF THE ASST. COMMISSIONER OF FOOD SAFETY, CIVIL STATION,
         VIDYA NAGAR P.O, KASARAGODE DISTRICT-671 123.
      2. THE FOOD SAFETY OFFICER, OFFICE OF THE FOOD SAFETY OFFICER,
         THRIKKARIPUR CIRCLE, NEAR VILLAGE OFFICE, NEELESWARAM, KASARAGODE
         671 314.
      3. THE ADJUDICATING OFFICER, FOOD SAFETY DEPARTMENT, KANHANGAD,
         KASARAGODE-671 315.
      4. THE FOOD ANALYST, REGIONAL ANALYTICAL LABORATORY, KOZHIKODE 673 009.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   and implementation of the Judgment dated 09.02.2021 in Food Safety Appeal
   No.22/2019 of the Food Safety Appellate Tribunal/Additional District
   Court-III,Thiruvananthapuram, pending disposal of the MSA(FS).
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of M/S.NAVEEN.T, CHITHRA CHANDRASEKHARAN, V.S.ABHISHEK, BIJI A.MANIKOTH,
   Advocates for the petitioners, the court passed the following:


                                        ORDER

Heard.

Operation and implementation of the judgment dated 09.02.2021 in MSA(FS) No.6/2021 2/2

Food Safety Appeal No.22/2019 of the Food Safety Appellate Tribunal/Additional District Court-III,Thiruvananthapuram,stand stayed, pending disposal of this MSA(FS), subject to the condition that the petitioners/appellants shall deposit 50% of the fine awarded by the Adjudicating Officer,FSS,Kanhangad within 30 days from the date of this order,failing which the order of stay shall stand vacated without any further order from this Court.

All further proceedings pursuant to the judgment of the Food Safety Appellate Tribunal Food Safety Appeal No.22/2019 shall stand deferred for a period of 30 days so as to enable the petitioner/appellants to deposit the amount before the competent authority as ordered hereinabove.

Sd/- N.ANIL KUMAR JUDGE

23-11-2021 /True Copy/ Assistant Registrar