BAISIL ATTIPEDDY Vs. FOOD SAFETY COMMISSIONER

JUDGEMENT

(1.) THIS public interest litigation is filed by a practicing advocate as pro bono publico seeking the following reliefs:

(2.) AS early as in August 2012, an action taken report was filed on behalf of the 1st respondent in terms of the directions of the High Court. Subsequently, counter affidavit came to be filed on behalf of 2nd respondent and also 8th respondent. Counter filed by the 2nd respondent, General Secretary of Kerala Hotels and Restaurants Association indicates the provisions of Food Safety and Standards Act of 2006 and also the Rules and the consistent and persistent action taken by the 2nd respondent Association in addressing the problems indicated in the writ petition. They also brought to the notice of the Court that several other writ petitions are filed challenging various directions of Food Safety and Standards Act of 2006 and also the regulations which are pending consideration. According to the 2nd respondent, this writ petition is on behalf of some interested parties to create trouble to the hotels and restaurants. However, they contend that as per the existing law governing the food safety etc., is strictly complied with and whenever the hotels and restaurants concerned have violated, suitable action was taken by the authorities concerned. Therefore, in the light of full time Commissioner and Secretary to Government as Commissioner of Food safety Kerala, proper checks and measures are already taken. According to 8th respondent, Corporation of Cochin, "two special squads are constituted under the Health Department which conduct regular inspections at random in all hotels and restaurants within the jurisdiction of 8th respondent. This is to ensure compliance of the provisions of the Act. The search includes inspection of food items prepared and stored, quality of ingredients used and whether hygienic storage places are maintained or not. Whenever violations are found from the items seized, suitable action was taken. They also narrate all cases registered and action taken.

(3.) SO far as slaughter houses, having regard to the fact that Kerala is a major consumer of non -vegetarian, food department has conducted inspections and special care was taken up. Government is already ware of the problems so far as the slaughter houses and the matter is under serious consideration before the Government. The officers from the food department are given special training so also awareness programmes are conducted to the students who are pursuing education in Agricultural Universities to equip them with latest developments in food industry etc.