Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 3RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 WP(C) NO. 7329 OF 2023 PETITIONER:
NOOR MARKETING RAIBAN SHOPPING COMPLEX, MS WARD, ALAPUZHA WEST, ALAPPUZHA, KERALA REPRESENTED BY ITS MANAGING PARTNER, NOUSHAD., PIN – 688001 BY ADVS.SANTHOSH MATHEW ARUN THOMAS ANIL SEBASTIAN PULICKEL ABI BENNY AREECKAL MATHEW NEVIN THOMAS KURIAN ANTONY MATHEW RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH & FAMILY WELFARE NIRMAN BHAWAN, NEW DELHI, PIN – 110011 2 STATE OF KERALA REPRESENTED BY SECRETARY TO DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 3 THE COMMISSIONER OF FOOD SAFETY GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN – 695 001 4 THE STATE POLICE CHIEF & DIRECTOR GENERAL OF POLICE GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN – 695001 5 THE COMMISSIONER OF CGST PREM NAGAR,
W.P.(C.) No. 7329/2023 2 KARAMANA P.O., THIRUVANANTHAPURAM, PIN – 695002 6 THE COMMISSIONER OF SGST PREM NAGAR, KARAMANA P.O., THIRUVANANTHAPURAM, PIN – 695 002 R1 BY SRI.MANU.S,DEPUTY SOLICITOR GENERAL OF INDIA R2 TO R6 BY SRI.GRASHIOUS KURIAKOSE, ADDL.DGP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 7329/2023 3 JUDGMENT Petitioner is a registered partnership firm and is a trader of tobacco products registered under the Goods and Service Act, 2017, evident from Ext.P1. The grievance of the petitioner is that misinterpreting Ext.P3 order dated 22.05.2012 passed by the third respondent, action is being taken against the petitioner with respect to the sale of pan masala and chewing tobacco. In order to ventilate the grievance, petitioner has submitted Ext.P8 representation before the third respondent; seeks direction for early consideration of the same.
2.
Having heard learned counsel for the petitioner, Sri. Santhosh Mathew and learned Additional Director General of Prosecution, Sri. Gracious Kuriakose, there will be a direction to the third respondent to finalise Ext.P8, in accordance with law, at the earliest, and at any rate, within two months from the date of receipt of a copy of this
W.P.(C.) No. 7329/2023 4 judgment, after providing a notice of hearing to the petitioner.
The writ petition is disposed of as above.
Sd/-
SHAJI P. CHALY JUDGE DCS/03.03.2023
W.P.(C.) No. 7329/2023 5 APPENDIX PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER UNDER THE RELEVANT PROVISIONS OF THE GST ACT DATED 23-12-2017.
EXHIBIT P2 A COPY OF THE RELEVANT EXTRACTS OF THE FOOD SAFETY AND STANDARDS (PROHIBITION AND RESTRICTIONS ON SALES) REGULATIONS, 2011 NOTIFIED ON 01-08-2011.
EXHIBIT P3 A TRUE COPY OF THE ORDER NO.
A/1327/2012/CFS DATED 22.5.2012 ISSUED BY THE 3RD RESPONDENT UNDER SECTION 30 OF THE FOOD SAFETY AND STANDARD ACT, 2006.
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 02- 08-2004 IN THE HON'BLE SUPREME COURT OF INDIA IN GHODAWAT PAN MASALA PRODUCTS INDIA PVT. LTD., AND ANOTHER VS. UNION OF INDIA & OTHERS (2004) 7 SCC 678.
EXHIBIT P5 A COPY OF THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 NOTIFIED ON 18- 05-2003.
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 01.10.2009 OF THE HON'BLE SUPREME COURT OF INDIA IN TRANSFER PETITION NO. 940- 946 OF 2007 EXHIBIT P7 A TRUE COPY OF THE CASE STATUS IN TRANSFER CASE NO 1 OF 2010 PENDING BEFORE THE HON'BLE SUPREME COURT AS ON 16-02-2023.
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE RESPONDENTS 2 TO 6 ALONG WITH RECEIPT DATED 10-02- 2023.