A writ petition seeking personal gain is not maintainable; the Board's compliance with food safety regulations is essential.

JUDGMENT

Anil K. Narendran, J.

The petitioner, who is an ardent devotee of Sabarimala Sree Dharma Sastha Temple, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2^nd respondent Travancore Devaswom Board to establish an advanced laboratory so as to conduct inspection, sampling and testing of the aspect of quality check for ingredients used in ‘Appam’ and ‘Aravana’ prasadam at Pamba. The petitioner has also sought for other consequential reliefs, including a writ of mandamus commanding respondents 2 to 5 to bring out a standard operating procedure for procurement, quality checking and analysing the standards prescribed by the regulating agency of the Government, within a time frame. In the writ petition, the petitioner has raised various contentions after referring to the provisions contained in the Food Safety and Standards Act, 2006 and the Regulations made thereunder.

2. The legal issue raised in this writ petition was considered by this Court in the order dated 27.03.2023 in I.A.No.3 of 2023 in W.P.(C)No.41743 of 2022 and the judgment dated 11.04.2023 in that writ petition, in respect of the proceedings of the Travancore Devaswom Board for local purchase of cardamom at Sabarimala Devaswom during Mandala-Makaravilakku festival season of 1198ME (2022-23).

3. By the order dated 11.01.2023 in W.P.(C)No.41743 of 2022, this Court restrained the Travancore Devaswom Board from selling Aravana Prasadam made using the cardamom supplied by the contractor to the pilgrims, since the sample of cardamom tested at the Government Analyst’s Laboratory, Thiruvananthapuram contained insecticide residues exceeding the MRL (Maximum Residue Limit) as per Regulation 2.3.1 of Food Safety and Standards (Contaminants Toxins and Residues) Regulations, 2011 as per the certificate of examination dated 28.12.2022 of the Food Analyst, Government Analyst’s Laboratory, Thiruvananthapuram, and unsafe as per Section 3 (1) (zz)(iii)&(xii) of Food Safety and Standards Act, 2006 ; and another sample of cardamom tested at the accredited laboratory of the Food Safety and Standards Authority of India, i.e., the Quality Evaluation Laboratory of the Spices Board at Kochi, contained 14 pesticides exceeding the MRL as specified under Food Safety and Standards (Contaminants, Toxins and Residues) Regulation, 2011 and Quinalphos exceeding the MRL specially defined for cardamom, as per the report dated 11.01.2023 of the Executive Director, Food Safety and Standards Authority of India, extracting therewith the opinion by Advisor (QA). The cardamom sample was thus found unsafe as per (1)(zz)(xii) of the .

4. In the order dated 27.03.2023 in I.A.No.3 of 2023 in W.P.(C)No.41743 of 2022 - Travancore Devaswom Board v. Ayyappa Spices [2022:IO:KER:55713 : 2023 (4) KHC SN 9] - this Court held that in view of the provisions contained in Section 26 of the Food Safety and Standards Act, 2006 the Travancore Devaswom Board, which falls within the sweep of ‘food business operator’ as defined in clause (o) of Section 3 (1) of the Act, in relation to the manufacture, processing, packing, etc., of Aravana, and also falls within the sweep of ‘food business’ as defined in clause (n) of (1) of the Act, has to ensure that Aravana satisfy the requirements of the Act and the Rules and Regulations made thereunder at all stages of production, processing, import, distribution and sale, etc. Therefore, once it is found that the sample of cardamom does not conform to Regulation 2.3.1. of the Food Safety Standards (Contaminants, Toxins and Residues) Regulation, 2011 and amendments thereon and as such it is unsafe for human consumption as per the provisions in sub-clause (xii) of clause (zz) of (1) of the Act, the Board cannot store, sell or distribute Aravana made using that cardamom, since the said article of food falls within the sweep of ‘unsafe food’, as defined in the said sub-clause. Therefore, in the order dated 27.03.2023,