LAWS(MAD)-2019-11-41

A. IBRAHIM Vs. EXECUTIVE OFFICER

Decided On November 11, 2019
A. Ibrahim Appellant
V/S
EXECUTIVE OFFICER Respondents

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Counsel for the respondent.

(2.) The Petitioner herein is aggrieved by the order issued by the respondent, to close his beef stall running at Nandhivaram Colony Road, Guduvancheri Town Panchayat. The petitioner claims that for the past 20 years, he is running beef stall at Senkeniyamman kovil, Nandhivaram Colony, Guduvancheri. He has obtained valid licence/registration issued by Food Safety and Standards Authority of India (FSSAI), which is valid upto 11.02.2020. While so, based on some anonymous complaint, the 1st respondent without causing any due enquiry, arbitrarily issued notice on 26.03.2018, to close down the beef stall, within the period of two days.

(3.) On receipt of the notice, the petitioner has closed down the shop and given representation to the 1st respondent to reconsider the order in the light of the fact that, he has obtained valid license from Food Safety and Standards Authority of India and conducting business without any hindrance to public. Hence, the order of closure without proper enquiry is bad and therefore, he must be permitted to open the beef stall. Since his representation and reminders were not considered by the 1st respondent, the present Writ Petition is filed on the ground that, when the petitioner has valid license to run meat stall, the order of the 1st respondent to close the shop is arbitrary and contrary to law.