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Tharag Aquua Products vs The Commissioner Of Food Safety And Drug Administration And Others

Madras High Court|22 June, 2017
|

JUDGMENT / ORDER

By consent of both the learned counsel, the writ petitions are taken up for final hearing and disposed of by this common order.
2. The petitioner has filed the above writ petitions to issue writs of mandamus directing respondents 2 and 3 in W.P.No.2376 of 2017 to remove the seals put up in the business premises of packaged drinking water unit on the basis of the instructions of the 2nd respondent dated 17.11.2016 and to allow the unit to operate and also direct to collect samples for testing and take suitable action in accordance with law and to direct the 3rd respondent in WP.2377 of 2017 to remove the seals put up on 09.06.2016 to the two bore wells and to permit the petitioner to operate the unit for the purpose of manufacturing packaged drinking water as per the order dated 29.1.2016 of the National Green Tribunal in Suo Moto Application No.40 of 2013.
3. When the matter is taken up for hearing, Mr.A.N.Thambidurai, learned Special Government Pleader, submitted that vide order dated 01.03.2017 passed in W.M.P.Nos.2446 and 2447 of 2017 in the above writ petitions, this Court passed an interim direction directing the respondents to remove the seal put up in the manufacturing unit of the petitioner as well as in the borewell forthwith to enable the petitioner to have their routine maintenance work and to manufacture water only for the purpose of testing or taking samples thereof. It was also made clear in the said order that the petitioner shall not resort to manufacture water for commercial sale or to sell the existing stock for commercial purpose. The order was passed only on the ground that the sealing of the premises was done in violation of the principles of natural justice.
4. Further, the learned Special Government Pleader submitted that pursuant to the orders of this Court, fresh samples were taken on 31.03.2017 and the report was received from the lab on 17.04.2017 and in the report, no finding adverse to the petitioner was given by the laboratory. The result of the test was also intimated to the petitioner on 11.04.2017 and the first respondent had passed an order on 03.05.2017 permitting the petitioner to run the unit.
5. The learned Special Government Pleader submitted that the petitioner is running the unit pursuant to the order passed by the first respondent dated 03.05.2017, however, the same is disputed by the learned counsel appearing for the petitioner.
6. In view of the submissions made by the learned counsel on either side, I do not find any reason to keep the writ petitions pending. Accordingly, the writ petitions are closed. No costs. Consequently, W.M.P.Nos.2446 and 2447 of 2017 are also closed.
22.06.2017 Speaking order Index : No Internet : Yes Note: Issue order copy by 27.06.2017.
sra To
1. The Commissioner of Food Safety and Drug Administration, Chennai-6.
2. The Designated Officer, Food Safety and Drug Administration Dept., Tiruvallur.
3. The Tahsildar, Madhavaram Taluk, Madhavaram.
4. The Assistant Engineer, TANGEDCO (TNEB), Madhavaram-II, CMDA Truck Terminus, GNT Road, Chennai 600 060.
M.DURAISWAMY, J.
(sra)
5. The District Collector, Thiruvallur District, Thiruvallur.
6. The Revenue Divisional Officer, Ambattur, Anna Nagar West, Thirumangalam, Chennai 600 101.
W.P.Nos.2376 and 2377 of 2017 22.06.2017 http://www.judis.nic.in
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Title

Tharag Aquua Products vs The Commissioner Of Food Safety And Drug Administration And Others

Court

Madras High Court

JudgmentDate
22 June, 2017
Judges
  • M Duraiswamy