Yum Restaurants India Pvt. Ltd vs State Of Kerala
2022 Latest Caselaw 66 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
                        WP(C) NO. 24422 OF 2012
PETITIONER/S:

    1       YUM RESTAURANTS INDIA PVT. LTD.
            12TH FLOOR TOWER D, GLOBAL BUSINESS PAQRK,
            M.G ROAD,GURUGAON 122002, THROUGH ITS AUTHORISED
            REPRESENTATIVE, MR. R. MANIYAN, AGED 38 YEARS,
            S/O K. RAMASWAMY, DEPUTY MANAGER

    2       MR. SANJAY MATHEW, AGED 35 YEARS
            S/O MATHEW JOSEPH, RESTAURANT GENERAL MANAGER,
            YUM, RESTAURANTS INDIA PVT, LTD, H. NO 104,
            RUBY MANZIL, THENGAPURA ROAD, KAITHAMUKKU,
            BEHIND PASSPORT OFFICE THIRUVANANTHAPURAM 1

            BY ADVS.
            SRI.M.K.DAMODARAN (SR.)
            SMT.A.PARVATHI MENON
            SRI.P.SANJAY


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE CHIEF SECRETARY,
            GOVERNMENT OF KERALA, SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001

    2       THE PRINCIPAL SECRETARY,
            DEPARTMENT OF HEALTH FAMILY WELFARE
            GOVERNMENT FO KERALA, SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001

    3       FOOD SAFETY COMMISSIONER
            THIRUVANANTHAPURAM DISTRICT GOVERNMENT OF KERALA,
            THIRUVANANTHAPURAM - 695 001

    4       DISIGNATED OFFICER STATE LICENSING AUTHORITY
            GOVERNMENT OF KERALA, THIRUVANANTHAPURAM DISTRICT-695
            001

    5       FOOD SAFETY OFFICER
            MOBILE VIGILANCE SQUAD, THIRUVANANTHAPURAM 30
 WP(C) NO. 24422 OF 2012      ..2..

         BY ADV GOVERNMENT PLEADER SRI.K.M.FAIZAL

     THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON
03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 24422 OF 2012         ..3..




                          JUDGMENT

This Court by order dated 17.10.2012 has passed a

detailed interim order. The interim order as regards the

re-opening of the restaurant is made absolute along with the

conditions insisted therein. According to the petitioner,

pursuant to the interim order, the restaurant is functioning

ever since following the conditions stated therein. With

regard to the report dated 05.11.2012 of the chemical

examination done in the analytical laboratory of samples of

seized food by the Food Safety Officer from the petitioner's

restaurant produced by the learned Government Pleader

along with memo dated 26.11.2021, the concerned authority

may proceed, in accordance with law.

The writ petition is disposed of with this direction.

Sd/-

                            MURALI PURUSHOTHAMAN
                                   JUDGE
SB/03/01/2022
 WP(C) NO. 24422 OF 2012       ..4..



                          APPENDIX


PETITIONERS EXTS:

EXT.P1 TRUE COPY OF THE MAHAZAR DATED 8.10.12

EXT.P2 TRUE COPY OF THE LIST DATED 8.10.12

EXT.P3 TRUE COPY OF THE REPRESENTATION TO THE FOOD SAFETY COMMISSIONER DATED 11.10.2012

EXT.P4 TRUE COPY OF THE ORDER DATED 11.10.12

EXT.P5 TRUE COPY OF THE UNDATED NOTICE/ORDER OF SUSPENSION