IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 OP.No. 17028 of 2001(B) ------------------------------------ PETITIONERS: ---------------------- 1. S.THANKAPPAN, AGED 55, MANAGING PARTNER, JAYARAM BAKERS, NO.1/1673, NEAR MEDICAL COLLEGE MEN'S HOSPITAL, MEDICAL COLLEGE P.O., TRIVANDRUM. 2. T.ANIL KUMAR, PARTNER, T.C.1/1673, JAYARAM BAKERS, NEAR MEDICAL COLLEGE MEN'S HOSPITAL, MEDICAL COLLEGE P.O., TRIVANDRUM. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVT. MINISTRY OF HEALTH & FAMILY WELFARE CENTRAL SECRETARIAT, NEW DELHI. 2. DIRECTOR GENERAL OF HEALTH SERVICE, MINISTRY OF HEALTH & FAMILY WELFARE, NEW DELHI. 3. DIRECTOR OF FRUIT AND VEGETABLE PROCESSING MINISTRY OF FRUIT & CIVIL SUPPLIES, NEW DELHI. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIATE, TRIVANDRUM. 5. DISTRICT FOOD INSPECTOR, LOCAL HEALTH AUTHORITY, OFFICE OF THE DISTRICT FOOD INSPECTOR,TRIVANDRUM. 6. FOOD INSPECTOR, CORPORATION OF TRIVANDRUM, TRIVANDRUM. BY ADV.SRI.DINESH R.SHENOY, ADDL.CGSC - R1TOR3 SRI.AJITH KRISHNAN - R1TO3 SRI.N.NANDAKUMARA MENON,SC,TVM CORPN. - R6 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.27128/2001 IN O.P.NO.17028/2001 B DISMISSED 25/07/2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ANALYSIS REPORT DTD. 23/01/1995. EXT.P2: COPY OF NOTICE DTD. 1/06/1995. EXT.P3: COPY OF THE ORER IN C.M.P.NO.13227/95 IN O.P.NO.7833/96. EXT.P4: COPY OF THE CHARGE FILED BEFORE CJM, TRIVANDRUM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. ---------------------------------------------- O.P. No.17028 of 2001 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(1) Declare that Section 2(ia) (m) of the Prevention of Food Adulteration Act 1954 as unconstitutional and strike down the same as unconstitutional. (2) Declare that the Rule A 16.16 Appendix B of the Prevention of Food Adulteration Rules 1955 as ultra vires, unconstituional and without legislative competence and strike down the same as unconstitutional.” Learned Government Pleader submits that the issue is covered against the petitioners by the decision of this court in O.P.15462/95 and O.P.2255/94. Therefore, the writ petition is dismissed, however, making it clear that this court has not gone into the merits of the case and it is for the petitioners to take all available contentions before the criminal court. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P. No.17028 of 2001 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.