IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 7054 of 2009 Between: M/s.Surya Tiffins and Chat Rep.by its Properietor Sri A. Ramu S/o. Sudarshan 18-8/1 Karimnagar Road No.3 Chaitayanapuri,Dilsuknagar,Hyderabad ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Hyderabad rep.by its Commissioner 2 The Additional Commissioner(Health & Sanitation) Greater Hyderabad Municipal Corporation Hyderabad 3 The Chief Medical Officer(Health) Greater Hyderabad Municipal Corporation Hyderabad 4 The Assistant Medical Officer, Circle-8, Greater Hyderabad Municipal Corporation, Hyderabad. 5 The Food Inspector, Circle-8, Greater Hyderabad Municipal Corporation, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any appropriate Writ, Order or direction more in the nature of Writ of Mandamus declaring the closure notice issued by the 3rd Respondent vide No. 1225/HS/CMOH/2009 dated 1-4-2009 and also consequential action taken by the Respondents 3 to 5 herein on 1- 4-2009 by sealing the business premises and also taking away the Items pertaining to the Petitioner Tea and Juice Stall which is being run by the petitioner in the leased premises bearing 4-1-370 and 371/A/1 Kundas Estate, Abids, Hyderabad in the name and style of i.e. M/s. Surya Tiffins and Chat not on Foot path as illegal, arbitrary, violative or principles of natural justice and also contrary to the provisions of Hyderabad Municipal Corporation Act and the Bye-laws for Regulation of Eating Houses and Hotels 1973 and the provisions of Prevention of Food Adulteration Act 1954 and the P.F.A. Rules 1955. Counsel for the Petitioner : MR.V.RAVI KIRAN RAO Counsel for the Respondents: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER : In this writ petition, the petitioner, a Proprietary Concern, questions the closure notice, dated 01.04.2009, issued in Proceedings No.1225/HS/CMOH/2009 by the 3rd respondent/Chief Medical Officer (Health), Greater Hyderabad Municipal Corporation. 2. The aforesaid closure notice was issued, pointing out certain defects in running the tiffin center by the petitioner. At first instance, this Court has appointed an Advocate- Commissioner, who has filed his report, pointing out the defects that were to be rectified by the petitioner. After filing of the report by the Advocate-Commissioner, some time is granted by this Court to the petitioner for rectification of the defects, which were pointed out in the Advocate- Commissioner’s report. When the matter is taken up today, the learned Standing Counsel appearing for the Greater Hyderabad Municipal Corporation has produced a copy of the letter, dated 23rd of April 2009, issued in Letter No.1911/HS/CMOH/GHMC/09, stating that the Chief Medical Officer (Health), GHMC, along with the Food Inspector of Circle No.8 and the Statistical Officer, have inspected the petitioner/Tiffin Centre on 14th of April 2009 and it is observed that all the defects, which were pointed out in the Advocate Commissioner’s report, were rectified by the petitioner. 3. Asmuch as it is stated that all the defects were rectified by the petitioner even as per the letter of the respondents, dated 23rd April 2009, the closure notice, dated 01.04.2009 issued in Proceedings No. 1225/HS/CMOH/2009, is set aside. 4. However, it is made clear that if any application for renewal of license of the petitioner/tiffin centre is pending consideration, the respondents shall consider the same in accordance with law as expeditiously as possible and communicate the decision taken on such representation to the petitioner. 5. Subject to above observations, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 27th April 2009 Note: Furnish C.C. in three days. (b/o) ajr