The proceedings under challenge in this writ petition has been issued by the Public Health Officer, Cheyyar, who, on direction from the Director of Health and Preventive Medicine, Chennai, after inspection made on 22.07.2008 in the chilling as well as manufacturing unit relating to milk allied products belonging to the petitioner along with the Deputy Director of Health, Department of Public Health and Preventive Medicine, Cheyyar, the third respondent and the Food Inspector, the fourth respondent, having found that in the manufacture of milk powder, edible lactose (expired) along with Hatsun skimmed milk powder was mixed and repacked in the form of a new milk powder has taken the following samples, viz.,

"1. MAISTINsP16 No.Cukrus Edible Lactose – 25 Kg Date of Production: 22 Feb 2006 Production No:21 - 1 Bag

2. Hatsun Skimmed Milk PowderNet Wt – 25 kg. Batch No.P2-176

D.M.7. 08 Best Before 18 months from the date of manufacture - 1 Bag

3. Hatsun Skimmed Milk PowderNet Wt – 25 Kg, Batch No.VAN002 Production date – 12.07.2008 Date of expiry – No entry Hatsun Agro Products Ltd.,

5A, Vijayaragahava Road,

T.Nagar, Chennai 600 017. - 1 Bag

4. ADM Cococa BU, Lot Type D-K-4,85,456,

Net – 25 kg DM 23. 2007, 29.03.2007. - 1 Bag

5. UN-Know Articles – 25 kg - 1 Bag"

and obtained an undertaking from the persons in charge of the petitioners Unit that till inspection report is received, they will not use the expired items in manufacturing the milk powder and till the third respondent passes any further order, the above said items will not be used. In effect, according to the petitioner, it is a search and seizure memo drawn by the 4th respondent and the said action has been taken by the respondents under the provisions of the Tamil Nadu Public Health Act read with the Prevention of Food Adulteration Act, 1954.

2. The impugned proceeding is relating to the search and seizure made in the premises of the petitioner at No. 114, Tindivanam Road, Nadukuppam Village, Vandavasi Taluk, Tiruvannamalai District. The present writ petition is filed to quash the said impugned proceedings and also to forbear the respondents from taking any action in respect of the manufacturing process of skimmed milk powder of cattle feed grade in the guise of exercising their powers under the provisions of the Prevention of Food Adulteration Act, 1954.

3. The case of the petitioner as submitted by Mr. R. Krishnamoorthy, learned senior counsel for the petitioner is that the petitioner is a Company registered under the Indian Companies Act, 1956, engaged in procuring, processing and marketing milk and milk products and the petitioner having six dairies, is the largest private one in the State.

3(a). For establishing six dairies, the Government of India has issued registration certificate to the petitioner Company in terms of Milk and Milk Products Order, 1992. The excess quantity of unsold procured milk has been used by the petitioner in converting into milk powder and in manufacturing of other items like, ice cream, ghee, butter oil, paneer, exporting skimmed milk powder for cattle feed and the petitioner is exporting its various products to more than 25 countries.

3(b). The petitioner Company is having two blending processing units at Kancheepuram and Salem dairies apart from one chilling centre at Nadukuppam village at Vandavasi Taluk, having obtained necessary licence and permission from various authorities. In fact, the third respondent, by his proceedings dated 11. 2005, has granted permission for construction and installation of certain machinaries at Nadukuppam for the use of the petitioner and the petitioner has also obtained necessary clearance from the Tamil Nadu Pollution Control Board under Air (Prevention and Control) Act, 1994, duly renewed.

3(c). It is also the case of the petitioner that the chilling centre at Nadukuppam Village is used for blending process for its excisable goods to be exported as "Cattle Feed Grade" as per the provisions of