P.Arun Kumar vs Foosafety & Standards Authority ...
2023 Latest Caselaw 9702 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                       WP(C) NO. 24190 OF 2023
PETITIONER:

          P.ARUN KUMAR, AGED 40 YEARS, S/O. ASOKAN,
          POTHENCHERRY HOUSE, BAYEPORE POST, KOZHIKODE,
          PROPRIETOR, RENUKA OIL AND FLOUR MILLS, 7/220E,
          WEST MAHI, BAYEPORE POST, KOZHIKODE, 673 015.

          BY ADV M.C.JOHN


RESPONDENTS:

    1     FOOD SAFETY & STANDARDS AUTHORITY OF INDIA, (FSSAI),
          FDA BHAVAN, KOTLA ROAD, NEW DELHI 110 002,
          REPRESENTED BY ITS' DIRECTOR.

    2     THE FOOD SAFETY OFFICER, VENGARA CIRCLE,
          OFFICE OF THE FOOD SAFETY OFFICER,
          GOVERNMENT HOMEO DISPENSARY BUILDING,
          KUNNUMPURAM, KUTTOOR NORTH P.O., MALAPPURAM,
          PIN - 676 305.

    3     THE FOOD SAFETY OFFICER, VALLIKUNNU CIRCLE,
          OFFICE OF THE FOOD SAFETY OFFICER,
          GOVERNMENT HOMEO DISPENSARY BUILDING,
          KUNNUMPURAM, KUTTOOR NORTH P.O.,
          MALAPPURAM PIN 676 305.

    4     THE FOOD SAFETY OFFICER,
          THIRURANGADI CIRCLE, OFFICE OF THE FOOD SAFETY OFFICER,
          THRURANGADI, MALAPPURAM, PIN - 673 634.

    5     THE FOOD SAFETY OFFICER, ALUVA CIRCLE,
          MINI CIVIL STATION, ALUVA, ERNAKULAM - 683101.

    6     THE ADJUDICATING OFFICER AND SUB COLLECTOR,
          MINI CIVIL STATION, TIRUR, MALAPPURAM,
          PIN - 676101.

    7     THE ADJUDICATING OFFICER AND SUB COLLECTOR,
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          FORT COCHIN, ERNAKULAM DISTRICT, PIN - 682001.
 WP(C) NO. 24190 OF 2023
                                -2-



            BY ADVS. SMT.CHITHRA P.GEORGE
            SRI.GRASHIOUS KURIAKOSE, ADGP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   13.09.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 24190 OF 2023
                                 -3-



                           JUDGMENT

Even though the petitioner impugns Exts.P5,

P6, P7 and P8 notices, it is conceded by his

learned counsel - Sri.M.C.John, that

adjudicatory processes under the Statutory

Scheme is still pending before the 6 th and 7th

respondents - Adjudicating Officers/Sub

Collectors.

2. Sri.M.C.John, nevertheless, argued that

the afore notices are improper because the

product owned by his client under the trade name

'Coconut Testa Oil' is not coconut oil, but is

produced out of coconut crest; while the latter

oil is prepared from coconut kernel. He

submitted that the product in question has

already been registered as a proprietary food as

early as in the year 2020; and therefore, that

adjudicatory processes and the prosecution steps WP(C) NO. 24190 OF 2023

initiated against his client, for the reason

that it does not comply with the requirements of

coconut oil are illegal and unlawful.

3. Sri.Grashious Kuriakose - learned

Additional Director General of Prosecution, in

response, submitted that whatever be the

explanation that the petitioner may give, the

product in question will have to adhere to the

specifications as mandated and approved.

4. Sri.Grashious Kuriakose then contended

that, in any event, this writ petition is not

maintainable, because the petitioner can raise

all contentions before the 6th and 7th respondents

- Adjudicating Authorities. He then asserted

that the petitioner cannot stand in the way of

the Adjudicating Authorities considering the

nature of his product and the attributes that it

is expected to answer under the classification

and the authorization granted; and thus prayed WP(C) NO. 24190 OF 2023

that this writ petition be dismissed.

5. Smt.Chitra P.George - learned Standing

Counsel for the 1st respondent - Food Safety &

Standards Authority of India (FSSAI), submitted

that her client has no comment to make on the

controversy projected, since it is for

respondents 6 and 7 - Adjudicating Authorities,

to take a final decision.

6. When I evaluate and consider the rival

submissions, it is without doubt that the

contentions of Sri.Grashious Kuriakose carry

weight. This is because, the product in

question, prima facie, appears to be approved as

a proprietary food, subject to certain specific

conditions; and hence the product specifications

are vital.

7. In fact, Sri.Grashious Kuriakose relies

upon Ext.P1(a) issued by the 'FSSAI', to drive

home the point that petitioner's product has to WP(C) NO. 24190 OF 2023

comply with the requisites of coconut oil. I do

not propose to go into the merits of the rival

contentions at this stage because, as I have

already seen above, respondents 6 and 7 are

adjudicating the same issue. Obviously, while

doing so, they will have to take into account

all the contentions of the petitioner, including

that the raw materials for the product in

question and those for the coconut oil are

different. This is not to mean that this Court

has answered this, in any manner, whatsoever.

In the afore circumstances, I dismiss this

writ petition; however, leaving liberty to the

petitioner to impel every contention of his

before respondents 6 and 7, when the

adjudicating processes are taken forward; with a

consequential direction to the said Authorities

to consider the same and reflect their opinion

on them in the resultant orders, so that WP(C) NO. 24190 OF 2023

petitioner can then invoke other remedies as may

be available.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 24190 OF 2023

APPENDIX OF WP(C) 24190/2023

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE LICENSE NO.

10019041002113 DATED 16.11.2021 ISSUED BY THE CHENNAI OFFICE OF THE FIRST RESPONDENT TO THE PETITIONER

EXHIBIT P1(A) A TRUE COPY OF THE APPROVAL ORDER F NO.62/STD/PA/FSSAI/2019 DATED 24TH OCTOBER, 2019 ISSUED BY THE FIRST RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE REPORT NO.2229/2020-2021 DATED 29.01.2021 OF THE FOOD ANALYST, REGIONAL ANALYTICAL LAB, KOZHIKODE

EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE OF ANALYSIS NO.768F/FSSA/2021 DATED 25.10.2021 ISSUED BY THE REFERRAL LABORATORY., MYSURU

EXHIBIT P4 A TRUE COPY OF THE LETTER NO.

15017/41/2020/FSSAL LEGAL, DATED 06.07.2020 ISSUED BY THE FIRST RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE NOTICE NO.G-3392/21 DATED 13.06.2023 ISSUED BY THE 6TH RESPONDENT AT THE INSTANCE OF THE 2ND RESPONDENT

EXHIBIT P6 A TRUE COPY OF THE NOTICE NO. A1-

1139/22 DATED 05.04.2023 ISSUED BY THE 6TH RESPONDENT AT THE INSTANCE OF THE 3RD RESPONDENT

EXHIBIT P7 A TRUE COPY OF THE NOTICE NO.G-3392/21 DATED 22.06.2023 ISSUED BY THE 6TH WP(C) NO. 24190 OF 2023

RESPONDENT AT THE INSTANCE OF THE 4TH RESPONDENT

EXHIBIT P8 A TRUE COPY OF THE NOTICE NO. N1-

4128/2023 DATED 20.06.2023 ISSUED BY THE 7TH RESPONDENT AT THE INSTANCE OF THE 5TH RESPONDENT

EXHIBIT P9 TRUE PHOTO COPY OF THE REPORTED JUDGMENT DATED 25.02.2021 IN W.P. (C).NO. 8408 OF 2020 (BHADRA OIL MILL VS. FSSAI &OTHERS - 2021(2) KHC 228) OF THIS HON'BLE COURT