[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final disposal.
2 The petitioner claims that he is running a Travel and Holiday Planning called as My Travels Club at Door No.47, Lakshmipuram, Vadapalani, Chennai, properly and efficiently and according to him, in the estates developed by the Tamil Nadu Small Industries Corporation Limited, very many unauthorized constructions took place, wherein, number of restaurants and Eateries are also functioning without having proper sanitary and hygienic facilities. The petitioner would further state that during the month of May, 2017, he went to the restaurant run by the 4th respondent and took food and found to be unpalatable and having suspected the quality of the food, he has submitted a representation dated 08.06.2017 to the 3rd respondent for taking appropriate action and since he was not favoured with any kind of response, the petitioner came forward to file the present writ petition.
3 This Court entertained the writ petition and ordered notices to the respondents on 28.07.2017 and in response to the same, the Greater Corporation of Chennai has filed the counter affidavit and it is followed by the additional counter affidavit of the Assistant Revenue Officer, Corporation of Chennai, dated 17.11.2017, and it is relevant to extract the Tabular Column given in paragraph No.:7:- Sl.No Applicant Name New License Number Trade Name Establishment Name Trade Address Status 1 D.Srinivasan 13-170-000657 Plywood and Sunmica Storing and Selling Globe Mirror Agencies N13, N170, C40, Industrial Estate, Guindy, Ch-600 032. Not Renewed 2 A.Rathnakaran 13-170-001807 Juice Stall Jayalekshmi Cafe N13, N170, MF13, CIPET Road, Guindy, Guindy Industrial Estate-600 032 Not renewed 3 M.Murugan 13-170-001565 Fast Food N.A N13, N170, MF13, CIPET Road, Guindy, Guindy Industrial Estate-600 032 4Not renewed 4 Ravikumar Reddy 13-170-000602 Restaurant Amaravathi Restaurant [P] Ltd N13, N170, B-13, SIDCO Industrial Estae, Guindy, Ch-600 032. Licence will be revoked 5 Srinivas 13-170-000419 Mfg. of Food Products Sai Srinivasa Andra Mess N13, N170, C-11, T.V.K. Indl. Estate, Ch-600 032.
Not renewed 6 K.Sagadevan 13-170-000269 Engineering Works M/s.Saravana Industries N13, N170, C-11, Industrial Estate, Guindy, Ch-600 032 Not renewed 7 M.Ravi 13-170-000730 Mfg. Of Food Products Vasanth Bhavan VBH Food Processing N13,, N170, 34, Developed Plot, Guindy Industrial Estate, Ch-600 032. Licence will be revoked 8 A.Elumalai 13-170-002145 Restau Hotel Malaiyappa N13, N170, No.49, & 51, Guindy, Guindy Industrial Estae, Ch-600 032 License will be revoked 9 T.S.Murugesan 13-170-001885 Mfg. Of Food Products Popular Briyani N13, N170, MF 13, A/2, Guindy, Guindy Industrial Estate, 600 032 Licence will be revoked 10 Y.Aasife Ahamed 13-170-001765 Mfg. Of Food Products Aasife Biriyani Pvt Ltd N13, N170, D6, Guindy Industrial Estate, Guindy, Ch-600 032 Licence will be revoked 4 The petitioner is in Serial No.10 and as per the remarks column, it is stated that the license will be revoked on account of the non-compliance of certain conditions of licence.
5 Mr.A.Arumugam, learned counsel appearing for the 4th respondent has invited the attention of this Court to the counter affidavit and would submit that after obtaining necessary permission under the Food Safety and Standards Association of India, the Tamil Nadu Food Safety and Drug Administration Department, Food Safety Wing under Form No.C License dated 26.10.2015, which is valid till 26.10.2018, the 4th respondent is preparing the food articles strictly in compliance of the relevant food safety norms and therefore, prays for dismissal of this writ petition.
6 The Court has considered the rival submissions and also perused the materials placed before it.
7 Sections 311 to 317 of the Chennai City Municipal Corporation Act, 1919, speak about the Inspection of places for sale etc., and also the duty cast upon the Commissioner to cause inspection and to seize the diseased animal, noxious food etc., as well as destroyed articles, production of the same before the jurisdictional Magistrate.
8 Section 379A of the said Act deals with the powers of the Commissioner to enforce licensing provisions and the consequences of failure to obtain licenses or of breach of the same and in the light of the said provisions, ample power is given to the Commissioner, Corporation of Chennai or the delegated official, to take appropriate action in respect of the Eateries which are functioning without any licences or violation of food safety norms. It is also surprising to note that no effective and proper action is being taken by the officials of the Corporation of Chennai.
9 In the light of the above facts and circumstances, the jurisdictional officials of the Corporation of Chennai shall take survey of the Eateries which are functioning without any licence or authorisation and take appropriate action against them in terms of the provisions of the above said Act and the Status Report in this regard, shall be filed before this Court by 02.02.2018.
10 The writ petition stands disposed of with the above direction. No costs.
11 Post on 02.02.2018 for REPORTING COMPLIANCE.