LAWS(KER)-2019-7-80

THAMPI SUBRAMANIAN Vs. STATE OF KERALA

Decided On July 29, 2019
Thampi Subramanian Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is unrepresented when the case is called. The 5 th respondent is the Managing Director of M/S Nestle India Limited who are manufacturing and selling Maggi Noodles. They are represented by Sri. Bechu Kurian Thomas, the learned Senior Counsel.

(2.) This Public Interest Litigation has been filed referring to the report, which would suggest that Maggi Noodles contain Monosodium Glutamate and particles of lead in excess of permissible limits and therefore ban on sale of such product in the State should be ordered, by the Food Safety Commissioner, Kerala.

(3.) Even while the petitioner is absent, Sri. Bechu Kurian Thomas, the learned Senior Counsel would advert to the counter affidavit filed by the 5 th respondent to point out that the very issue was being considered by the Bombay High Court in the W.P(C). No.1688 of 2015 and under the judgment dated 13.8.2015, the High Court set aside the order dated 5.6.2015 of the Food Safety and Standards Authority of India (FSSAI), which directed the 5 th respondent Company to withdraw and recall the Maggi Instant Noodles from the market, and to stop further production.