Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944 WP(C) NO. 25522 OF 2018 PETITIONERS:
1 K.B.MOHANAN, PROPRIETOR, BALAKRISHNA TRADERS, 3/197 AND 197A, MARKET P.O, NORTH PARAVUR - 683 513.
2 K.A ABDUL SALAM, S/O. ABDUL KAREEM, RICE MERCHANT, MARKET P.O, NORTH PARAVUR - 683 513.
BY ADVS.
SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, NEW DELHI - 110 001.
2 DEPARTMENT OF CONSUMER AFFAIRS, FOOD & PUBLIC DISTRIBUTION, UNION OF INDIA, REPRESENTED BY ITS SECRETARY, NEW DELHI - 110 001.
3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4 THE COMMISSIONER OF FOOD SAFETY, KERALA, THYCAUD, THIRUVANANTHAPURAM - 695 014.
5 THE COMMISSIONER OF CIVIL SUPPLIES, PUBLIC OFFICE BUILDINGS, VIKAS BHAVAN, MUSEUM,THIRUVANANTHAPURAM - 695 033.
6 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
WP(C) NO. 25522 OF 2018 -2- 7 THE DISTRICT SUPPLY OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
8 TALUK SUPPLY OFFICER, NORTH PARAVUR - 683 513.
BY ADV.
SRI.JIMMY GEORGE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25522 OF 2018 -3- JUDGMENT Petitioners have approached this Court by laying challenge to the notices dated 27.11.2017 and 19.12.2017 Exts.P8 and P9 issued under different Acts i.e., the Kerala Food Grains Dealers Licensing Order, 1967; Kerala Edible Oils, Vegetable Oils, Vanaspathy and Baby Food Licensing Order, 1975; Kerala Pulses Dealers Licensing Order 1972; Sugar Dealer Licensing Order 1967 etc. The show cause notices were issued to the petitioners - various dealers - dealing in the supply of the certain food articles on the ground that they have not taken the licence. The contention of the petitioners is that in view of the promulgation of Section 31(6) of the Food Safety and Standards Act, 2006, dealers are required to obtain a single licence to be issued by the Designated Officer for one or more articles of food, which have already been issued vide Exts.P1 and P2. It is in this circumstances, are constrained to approach this Court and this Court vide interim order dated 30.07.2018
WP(C) NO. 25522 OF 2018 -4- directed the respondents not to take any coercive measures.
2.
Learned Government Pleader submits that alleging the inadvertence in issuance of the notice the files pertaining to the notices issued to the various manufacturers, dealers, wholesalers or retailers have already been closed.
In this view of the matter, the orders are no longer in force and therefore the cause of action no longer subsists. Writ petition is also ordered to be closed.
Sd/- AMIT RAWAL JUDGE vv
WP(C) NO. 25522 OF 2018 -5- APPENDIX OF WP(C) 25522/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY 0F THE LICENCE OBTAINED UNDER THE FOOD SAFETY AND STANDARDS ACT, 2006 BY THE 1ST PETITIONER.
EXHIBIT P1(A) TRUE COPY OF THE GST REGISTRATION ACKNOWLEDGMENT UNDER THE GOODS AND SERVICE TAX ACT BY THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LICENCE OBTAINED UNDER THE FOOD SAFETY AND STANDARDS ACT, 2006 BY THE 2ND PETITIONER.
EXHIBIT P2(A) TRUE COPY OF THE GST REGISTRATION CERTIFICATE UNDER THE GOODS AND SERVICE TAX ACT BY THE 2ND PETITIONER EXHIBIT P3 TRUE COPY OF THE CIRCULAR ISSUED BY THE MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, NEW DELHI.
EXHIBIT P3(A) TRUE COPY OF THE COMMUNICATION ISSUED BY DIRECTOR, CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM.
EXHIBIT P3(B) TRUE COPY OF THE CLARIFICATION ISSUED BY THE COMMISSIONER OF FOOD SAFETY, KERALA.
EXHIBIT P3(C) TRUE COPY OF THE CIRCULAR ISSUED BY COMMISSIONER OF FOOD SAFETY, KERALA.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, NEW DELHI.
EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO. 16/2014 ISSUED BY THE CIVIL SUPPLIES COMMISSIONER.
WP(C) NO. 25522 OF 2018 -6- EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P(C) NO. 14389/2015 AND CONNECTED CASES.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 8TH RESPONDENT TO THE PRESIDENT, PARAVUR MERCHANTS ASSOCIATION.
EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER.