K.B.Mohanan vs. Union Of INDIA
Held
The Court noted the Government Pleader's submission that the impugned notices were issued inadvertently and the files pertaining to them had been closed. Consequently, the orders were no longer in force, and the cause of action for the writ petition ceased to exist.
Facts
Petitioners, who are dealers in food articles, challenged show cause notices issued under various state licensing orders for not possessing specific licenses. They contended that under Section 31(6) of the Food Safety and Standards Act, 2006, a single license for food articles was sufficient, which they already held.
Key Issues
The primary issue was whether dealers in food articles required multiple licenses under various state orders or a single license under Section 31(6) of the Food Safety and Standards Act, 2006, and the validity of notices issued for non-compliance.
Sections Cited
Section 31(6) of the Food Safety and Standards Act, 2006
AI-generated summary — verify with the full judgment below
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
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