The Court reinforced the requirement for authorities to consider licensing applications in light of injunction orders.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. Issue a writ of certiorari calling for the records leading Ext.P2 complaint dated 15/03/2024 by the 2^nd respondent and to quash the original of the same.

ii. Issue a writ of mandamus declaring that being a petty manufacturer who himself manufactures and sells food articles as a petty retailer coming under the purview of the Section 31 (2) of the Food Safety and Standards Act 2006 , the petitioner is exempted from the purview of the Act.

iii. Issue a writ of mandamus directing the

2^nd respondent or the competent among the respondents to issue registration U/Sec.31(2) of the Act.

iv. Issue a writ of mandamus directing the respondents 2 and 4 to consider issuance of FSSAI License to the 2nd petitioner without insisting for a No Objection Certificate from the Principal, Medical College, Kozhikode.

v. Issue any other order, or direction, this Honourable Court deems fit to grant under the fact and circumstances of this case."

[SIC]

2. The grievance of the petitioners is that, even though an application was submitted for license as evident by Ext.P8 receipt, the same was not considered for want of consent from the 5^th respondent. The petitioners relied on Ext.P9 order of the Civil court, by which there is an injunction order in favour of the 2^nd petitioner. There are other connected reliefs also in the Writ Petition.

3. Heard the learned counsel appearing for the petitioners and the learned Government Pleader.

4. After hearing both sides, I am of the considered opinion that there can be a direction to the authority concerned to consider the license application in the light of Ext.P9 injunction order within a time frame. All other contentions raised by the petitioners are left open.

Therefore, this Writ Petition is disposed of in the following manner:

1. The competent authority among respondent Nos.1 to 4 will consider the license application submitted by the petitioners as evident by Ext.P8 receipt, within a period of 30 days from the date of receipt of a certified copy of this judgment, taking into consideration Ext.P9 order of the Civil court.

2. Till final orders are passed as directed above, no coercive steps shall be taken against the petitioners.

3. All other contentions raised by the petitioners in this Writ Petition are left open.

Sd/-