Thomaskutty Eapen vs. The Assistant Commissioner Of Food Safety

WP(C)/33453/2019HC KeralaGSTCNR KLHC01087406201909 December 2019Bench: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR6 pages
For Petitioner: SRI.VINOD MADHAVAN, SRI.M.V.BOSE, SRI.SHARATH S.PUTHENPARAMPAN, SMT.P.M.MAZNA MANSOOR
AI SummaryDismissed

Held

The Court granted the petitioner's request to withdraw the writ petition, allowing him to file a fresh writ petition on the same cause of action if he so advised.

Facts

The petitioner, proprietor of Kochupurackal Rice, filed a writ petition challenging actions taken by food safety authorities, including the seizure of rice and suspension of his license. The petition was filed against the Assistant Commissioner of Food Safety and other officials.

Key Issues

The primary legal issue before the Court was whether to grant the petitioner permission to withdraw his writ petition without prejudice to file a fresh one.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 09TH DAY OF DECEMBER 2019 / 18TH AGRAHAYANA, 1941 WP(C).No.33453 OF 2019(F) PETITIONER: THOMASKUTTY EAPEN, S/O K.J. EAPEN, PROPRIETOR, KOCHUPURACKAL RICE, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT, PIN-686 562. BY ADVS. SRI.VINOD MADHAVAN SRI.M.V.BOSE SRI.SHARATH S.PUTHENPARAMPAN SMT.P.M.MAZNA MANSOOR RESPONDENTS: 1 THE ASSISTANT COMMISSIONER OF FOOD SAFETY, OFFICE OF THE ASSISTANT COMMISSIONER OF FOOD SAFETY, 1ST FLOOR, DY.S.P OFFICE, CIVIL STATION, KOTTAYAM, PIN-686 001. 2 THE FOOD SAFETY OFFICER, ETTUMANOOR CIRCLE, OPPOSITE FAMILY COURT, ETTUMANOOR, KOTTAYAM DISTRICT, PIN-686 631. 3 THE FOOD ANALYST, GOVERNMENT ANALYST LABORATORY, NEAR PUBLIC HEALTH LAB COMPOUND, RED CROSS ROAD, PATTUR, VANCHIYOOR P.O.THIRUVANANTHAPURAM.

W.P. (C) No. 33453 of 2019 2 4 THE HEALTH INSPECTOR, OFFICE OF THE ETTUMANOOR MUNICIPALITY, ETTUMANOOR, KOTTAYAM DISTRICT, PIN-686 631. 5 THE REVENUE DISTRICT OFFICER, OFFICE OF THE REVENUE DISTRICT OFFICER, KOTTAYAM DISTRICT, PIN-686 001. SMT. PRINCY XAVIER GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.1

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