Madras High Court
M/S.Fresh And Honest Cafe Ltd vs Union Of India Through Secretary on 12 November, 2021
W.P.No.17441 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.17441 of 2014
and
M.P.Nos.1 to 4 of 2014
M/s.Fresh and Honest Cafe Ltd.,
Rep. by its Legal Manager,
4th Floor, Tower 2,
TVH Beliciaa Tower,
MRC Nagar, Chennai 28. ... Petitioner
Vs
1. Union of India through Secretary,
Ministry of Health and Family Welfare,
Government of India,
Department of Food,
Nirman Bhavan,
New Delhi-110 011.
2. Food Safety and Standards Authority of India,
FDA Bhavan,
Near Bal Bhavan , Kotala Road,
New Delhi-110002.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.17441 of 2014
3. The Government of India.
Rep. by its Authorised Officer,
Food Safety and Standards Authority of India,
Ministry of Health and Family Welfare,
C-I-D Rajaji Bhavan,
Chennai-600 090.
4. The Deputy Commissioner (Customs-Docks),
Seaport
Customs House,
Rajaji Salai, Chennai-1. .. Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, Calling for the records
relating to the guidelines for product approval procedure issued by the
second respondent dated 11.5.13, vide No. P.15025/01/2013-PA/FSSAI and
the letters dated 9.12.13 vide F.No.1/2013/FSSAI/CHN-IMPORT and
10.12.13 vide F.No.1/2013/FSSAI/CHN-IMPORT issued by the third
respondent to the fourth respondent as the same is contrary to the rules and
regulations framed there under and therefore it is ultravires the provisions of
the Food Safety and Standards Act 2006, and to quash the same and
consequently direct the second respondent to approve the petitioner's
company consignment.
For Petitioner :Mr.G.Mutharasu
For Respondents :Mr.J.Madanagopal Rao
Sr. Central Govt.Standing Counsel
[For R1]
Mr.Su.Srinivasan
Sr. Central Govt. Standing Counsel
[For R2 and R3]
2/6
https://www.mhc.tn.gov.in/judis
W.P.No.17441 of 2014
Mr.V.Sundareswaran
Special Panel Counsel
[For R4]
ORDER
The guidelines issued by the second respondent on 11.05.2013 and
the subsequent letter issued by the second respondent to the third
respondent dated 09.10.2013 are under challenge in the present writ
petition.
2. The said guidelines dated 11.05.2010 was under challenge before
the High Court of Bombay and the Bombay High Court quashed the said
guidelines against which the Food Safety and Standards Authority of India
preferred Special Leave to Appeal (C) No(s).23872-23874 of 2014,
before the Hon'ble Supreme Court of India. The Hon'ble Supreme Court of
India dismissed the Special Leave to Appeal and confirmed the judgment of
the Bombay High Court quashing the guidelines dated 11.05.2013.
3. The facts in the present case are admittedly similar, the learned
Senior Central Government Standing Counsel appearing on behalf of the
https://www.mhc.tn.gov.in/judis
W.P.No.17441 of 2014
respondents made a submission that the judgement of the Bombay High
Court which is confirmed by the Hon'ble Supreme Court was implemented
by the respondents and the revised guidelines was issued on 13.09.2017.
4. Thus no further adjudication is required as the impugned
guidelines was already quashed which was upheld by the Hon'ble Supreme
Court and the Revised guidelines were issued by the Food Safety and
Standards Authority of India on 13.09.2017. Thus the case of the petitioner
is to be considered in the light of the judgments cited supra and the new
guidelines issued by the respondents in proceedings dated 13.09.2017.
5. With these observations, the writ petition stands disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
12.11.2021
Internet:Yes
Index : Yes
Speaking order
nti/vs
https://www.mhc.tn.gov.in/judis
W.P.No.17441 of 2014
To
1. The Secretary,
Ministry of Health and Family Welfare,
Government of India,
Department of Food,
Nirman Bhavan,
New Delhi-110 011.
2. Food Safety and Standards Authority of India,
FDA Bhavan,
Near Bal Bhavan , Kotala Road,
New Delhi-110002.
3. The Authorised Officer,
The Government of India.
Food Safety and Standards Authority of India,
Ministry of Health and Family Welfare,
C-I-D Rajaji Bhavan,
Chennai-600 090.
4. The Deputy Commissioner (Customs-Docks),
Seaport
Customs House,
Rajaji Salai, Chennai-1.
https://www.mhc.tn.gov.in/judis
W.P.No.17441 of 2014
S.M.SUBRAMANIAM, J.
nti/vs
W.P.No.17441 of 2014
and
M.P.Nos.1 to 4 of 2014
12.11.2021
https://www.mhc.tn.gov.in/judis
