INTHE HIGH COURT OF nIDICATURE AT MADRAS

pecial Original Jurisdiction

W.M.PNo. of2021

W.PNo. 1541 of 2021

S.N.K. Sago Factory rep by its
Proprietor, K.Ramachandaran,
No.345/5, Sathasivapuram Post-636 121 Petitioner// Petitiohen
Attur Taluk, Salem District

Vs.

1.Commissioner of Industries and Commerce

Registrar of lndustrial Co-operative Societies, SIDCO Building,
032
Guindy Industrial Estate, Guindy,
Chennai- 600
2. Commissioner of Food Safety,
No.359, Anna Salai, V Floor, DMS Office Building,DMS Campus,
Teynampet, Chennai- 600 006

3. Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Mount Road, Guindy, Chennai-32

4. Deputy Director of Industrial Health and Safety,

No.7, SIPCOT Housing complex, Hosur-635 126

OPP Lakshmi Automatic Loom Works,SIPCOT,
5. Designated Officer,
Food Safety and Drug Administration,
Salem District, Salem-1

Engineer,
6. District Environmental
Tami Nadu Pollution
Controt Board, Siva Towers,
Main Road, Salem-1
No. 1/276, Meyyanur
District,
7. District Collector, Salem
Salem
8. SAGO SERVE rep by its Chairman, Jagrammapalayam, Omalur
2
Main Road, Salem
-

and Sago Urpathiyalargal Nala Sangamrep.by it's

9.Attur Vattara Starch
President S. Duraisamy,
Road, Pudupet, Attur
Kamarajar
No.150, . Respondents/ Respondents
Salem District

Page No.1
No. of Corris:
 - 2-

AFFIDAVITT
1, K. Ramachandran, Son of Kandasamy, Hindu, aged about 56 years,
residing at No.345/5,Sathasivapuram Post-636 121, Attur Taluk, Salem
District now temporarily come down to Chennai do hereby solemnly

affim and sincerely state as follows:

1. I state that I am carrying on business in manufacture of Starch
and Sago from Tapioca tubers in the name of 'S.N.K Starch Industries'. I

am well acquainted with the facts or the case and competent to swear

this affidavit.
2.I state that the Petitioner herem has filed the above Writ Petition
seeking a direction to the 2nd respondent herein to instruct the 5th
respondent herein to carry out periodical Analysis of the samples of Sago
lots kept unsold for more than ten months in the warehouse of the 8th

respondent herein and keep constant surveillance to control adulteration

of maize Starch in Tapioca Sago and also to forbearing the respondents
I to 9 herein from preventing the Sale of Sago by the Petitioner to
traders in other States or in open market and
taking penal
action
against the Sago manufacturing industry of the Petitioner herein
merely based on the complaint of the 9th respondent herein.
3 I state that by the order dated 19-07-2021 this Hon'ble Court was
pleased to dispose of the above Writ with a direction to the 2nd
respondent herein to consider the representations dated 29-11-2020 and
30-11-2020 of the Petitioner ventilating its grievances and pass orders on
merits in the light of order passed by the Division Bench of this Hon'ble
Court in WP.No.20124 of 2015 within a period of six weeks after

affording an opportunity of hearing to the petitioner herein. It appears

that while draffing the above said orders certain inadvertent errors in

regard to the correct date of the

order af Division Bench of this nou o
Court and the
authority to whom direction is being issued to COnu
enquiry and decide the
matter
h a have
crept
ve in. Relevant portion of the
crept in.
Ke
order wherein errors
have crept in
3. The
reads as follows
learned counsel Or Petitioner submitted
for the Petitioner
that the

issue involved in this

Writ Petition isis covered
covere by
the
Page No.2
No. of Corms:
 Order of a -3
Division
w.PNo.20214 of 201Sandand hence,
W.PNo.20214e
be
Bench of this Court dated 07-09-2015 in

hence, the case of the petitioner may

directed to be dlered by the respondents
tn
said decision. considered by the resp in the light of the

4. On the
other hand
the learned counsel appearing for the
respondents fairly submitted that the ,

the respondent authorities would

consider the respo
merits and also in
representation
taton of the petitioner and pass
petiuo
orders On

the light of the aforesaid order cited on the

side of the
Petitioner, within a reasonable time fixed by this
Court.
5. Considering ne tacts and circumstances of the case and
having regard to the submissions made by the learned Counsel on
elther side, this Court directs respondents to consider the
representations of the Petition dated 29-11-2020 and 30-11-2020
and pass appropriate orders on merits and in accordance with law

after affording opportunity of hearing to the petitioner in the light

of the order passed by the Division Bench of this Court in WP
No.20124 of 2015 dated 07-09-2015 within a period of six weeks

from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of. No costs.

Consequently, connected miscellaneous petition

is closed.

ot the Order needs to be modified]

[Highlighted portions
order dated 07-09-2015 of the Division
4. I state that the interim
Court renaered in WP No.20124 of 2015 got
Bench of this Hon'ble
19-03-2018 passed in the above said
with the final order dated
merged
order passed by the Division Bench of +hie
2015.The
wPNo.20124 of
0 2 1 4 of 2015 is neither relied
W. n T 20214 of 2015 nei.

in
.P N o.2 the upon by
Hon'ble Court
ny of the Off
of Official respondents 1 to 8 except the 9th
nor any
Petitioner h e r e i n
which referred
has referred to
to the
the same in Para 10 of its
herein
respondent
auit
affidavit
and
and filed the said interim order dated
Counter
Common
as
he
the fipal order
final dated 19-03-2018 of the Division
well
07-09-2015 as
urt in.
in its
its Typed
Typed set
set. It is pertinent to note that
Court
Hon
'ble
Bench ofthis

Page No.3
No. of Corrms.
 .4
w a s dismio
2015
of2015
was dismissed by the Division Bench
id WPNO
WPNo.20124

above said
Court by
hthe
e order dated 19-03-2018
order 10 o

as infructuous
Hon'ble
of this
of revised food
of food standards as
revised

to the
publication prescribed
in
consequent
10-2017
24-10-2017 of
of the Fo.
Food Safety and Standards
notification
dated
the
ofIndia dated
Authority of India in
the
Gazette
31-10-2017.
that the
hn
interim order dated
order 07-00
07-09-2015 of the Division
.

5. I state
Bench ofthis Hon'ble Court in W.P.No.20214 of 2015 has got merged
with the final order passed in the said w.PNo.20214 of 2015. Final order
dated 19-03-2018 of he Division bench of this Hon'ble court alone has
relevance to the issue raised in the above Writ Petition since the revised
Food standards for the food product-SAGO notified by the Government
were recoded only in the said inal orders of the Division Bench.The

observations made by the Division Bench in the interim orders pending

issue of revised Food standards for Sago is no longer relevant in view of

the fact that revised Food standards were notified by the Government
and taking note of the same the Division Bench of this Hon'ble Court
was pleased to dismiss WP No.20124 of 2015 as infructuous. Though the
9th respondent herein alone has relied upon the above said interim order
dated 07-09-2015 of the Division Bench as rihtly recorded in para 2 of
the order of this Hon'ble
Court, by inadvertence, it is erroeously
recorded n para 3 of the order dated 19-07-2021 of this Hon'ble Court

as if the petitioner herein has relied upon the observations made in the

interim order dated 07-09-2015 af the Division Bench of this Hon 'ble
Court in WP No.20124 of 2015 and soupht for a direction to consider its

representation and grievances in the light of the said interim order dated
07-09-2015 in W.P.No. 20124
of 2015. Further ue
the representation of issued to the 1
the petitioner
has to be specifically
respondent herein whereas all the respondents
the
e
direction
direction was issueu to
was issued
including the
the Rha 8h and gth whose
action was
illegal
challenged on the ground that respondents
POndents herein
here authority of law.
without
Hence the order the same ar
n e same are
to the effect
of this Hon'ble Court has be clarified
that thefinal order Court has to
to
Court dated
of the Division
O n Bench of this
Hon'ble

Page No.4 Bench

No. of Corrns:
 19-03-2018 im
WPNo.20124 ofO124 alone is reBevant to the issues
raised inthe Writ 2015 alone
of 2015
and the
the 2nd respondent
2nd herein is the authority
empowered under Food orety respe
Safety Act to enquire into the issue relating to
Analysis of food enqurc
enquire into the issues
samples andd the 1st respondent herein is empowered to

relating to function of the 8th respondent herein,

production and marketing of Sago.
. 1 state that the.order dated 10.07-2021 of this Hon'ble Court needs
to De clarnied so as to place on record correctly the stand taken by the

Petitioner herein in regard to its grievances and issue directions to the 2nd
respondent herein - State Food Safety Authority to enquire the mater im
SO far as the Analysis of Sago samples are concermed and in other respect

to 1Ssue direction to the 1st respondent herein to consider the

Fepresentation of the petitioner herein against illegaB regulation of

production and marketing of Sago by the gth and 9th respondent herein
unintuenced by the complaints made by the 9th respondent herea.

Unless the order of this Hon'ble is clarified as set out herein above, the
petitioner herein will be greatly prejudiced. Therefore it is highly just
and essential to clarify the order dated 19-07-2021 of this Hon'ble Court.

7. Under these circmstances it is humbly prayed that this Hon'ble

court may be pleased to clarity the order dated 19-07-2021 of this

Hon'ble Court in WP.No. 1567 of 202t by substituting entire para 3 and

isuing directions to the 2nd respondent herein

4 of the order and thereby
dated 29-11-2021 and 30-11-2020 of the
to consider the representations
regard to the
in Analysis of Sago Samples on merits
Petitioner herein
with law and pass orders after affording an
and in accordance
to the pettoner nerein and thus render iustice
oDportunity of hearing
on
at Chennai
Solemnly affirmed 2021 and
this 18thday ofAug presence.
in my
S1gued his
name

.A

Last and 5th Page:

No. of Corrms: BEFORE ME,

Advocate, Chennai
 Memorandum of Writ Mis cellaneous Petition
under Art. 226 of the Coinstitution of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original J irisdiction)
W.M.PNo. of 2021

W.P.No. 1541 of 2021

S. N. K. Sago Factory rep by its
Proprietor, K.Ramachandaran,
No.345/5, Sathasivapuram
Attur Talk, SaBem Post-636 121
Petitioner
District PetitionerTl/

Vs.
1.Commissioner of Industries and Commei ce
Registrar of Industrial Co-operative
Guindy Industrial Estate, Societies,SIDCO Bulding,
Guindy, Chenn:ii-600 032
2. Commissioner of Food Safety,
No.359, Anna Salai, V Floor, DMS Offce
Teynampet, Chennai-600 006 Building.DMS Campus,
3. Chainman,
Tamil Nadu Polhution Control
No. 76, Mount Road,
Board,
Guindy, Chennai-32
4. Deputy Director of Industrial Health and Safety,
No.7, SIPcOT Housing compBex,
OPP Lakshmi Automatic Loom
Works, SIPCOT, Hosur 635126
5. Designated Office,
Food Safety and Drug Administration,
Salem District, Salem-I

6. District Environmental
Engineer,
Tami Nadu Pollution Control Board, Siva Towers,
No. 1/276, Meyyanur Main Road, Salem-1
7. District Collector, Salem District,
Salem
8. SAGO SERVE rep by its Chairma, Jaguimmapalayam, Omalur
Main Road,Salem - 2

9.Attur Vattara Starch and Sago Urpaniyala gal Nala Sangamrep.by it's
President s. Duraisamy
No.150, Kamarajar Road, Pudupet, Attur,
Salem District . Respondents/ Respondents
 -2

PETITION FOR CLARIFICATION

For the reasons stated in the accompanying afidavit it is

humbly prayed that
this Hon'ble Court may be pleased to clarify the order
dated 19-07-2021 of this
Hon ble Court in WPNo. 1567 of 2021 by
substituting entire para 3 and 4 of
the order and thereby
issuing directions to the 2ad respondent herem to consider
the representations dated
29-11-2021 and 30-11-2020 of the Petitioner
herein in
regard to the Analysis of Sago Samples on
merits and in accordance with law
and pass orders after
affording an opportunity of hearing tó the
herein and thus render petitioner
justice.

Dated at Chennai on
this 27th day of Aug 2021

Counsel for Petitioner /Petitioner

NTHE HIGH COURT OF
AT MADRAS JUDICATURE
W.M.P.No. of 2021
In

W.P.No.1541 of 2021

AFFIDAVIT
PETITION FOR
CLARIFICATION

M/S. A.RAJAGURUu
En.846/2000

C o u n s e l
for Petitioner/ Petition
Cell: 94478 2387