IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No.15668 of 2016

and

W.M.P.Nos.13617 & 13618 of 2016

N.Natarajan

... Petitioner

Vs

The Commissioner Food Safety and Drug

Administration Department,

5^th Floor of DMS Office Building,

359, Anna Salai,

DMS Campus,

Teynampet,

Chennai – 600 009.

... Respondent

PRAYER : Writ Petition filed Under Article 226 of the

Constitution of India, to issue a Writ of Certiorari, calling

for the records relating to the proceedings of the respondent in

D.O.Letter No.6729/2013/S6/FSSA Dated 11.01.2016 and quash the

same.

For Petitioner

:Mr.G.Murugendran

For Respondent

: Mr.K.M.D.Muhilan

Government Advocate

ORDER

The impugned order dated 11.01.2016, states that there is a

ban order, for the sale of wet starch for the manufacture of

sago only is prohibited. Thus, companies transportation of

their internal processes from their own one factory to another

factory may be permitted and it is to be ensured that chemicals

are not being used, resulting in unsafe sago.

2. The grievances of the writ petitioner is that the wet

sago is being sold in the market by adding harmful chemicals,

which causes health issues to the consumers. Thus, selling of

wet sago, as banned even by the Division Bench of this Court,

must be strictly followed by the authorities. The learned

counsel for the petitioner referred the order passed by the

Hon'ble Division Bench of this Court [in WP No.20124 of 2015 dt.

17.09.2015] stating as follows:

https://hcservices.ecourts.gov.in/hcservices/

“2. It emerges that when tapioca is to be

processed, the skin has to be removed, but in some of

the cases, the small manufacturers may not have the

process to do so and without removing the skin, they

process it and give it to the largest manufacturers.

Apart from that, the allegation is that, to whiten the

sago, various harmful chemicals are used. The sago is

scrutinised by the 7^th respondent through a 9-tests

process and where the tests failed, the sago is

returned to the manufacturers.

3...

4...

5. It is also pointed out that wet starch is sold

in the market, which also creates a problem, as that

is purchased by the manufacturers at discounted

value, chemicals added and then, sold. It is, thus,

agreed that sale of wet starch should be banned.”

3. Relying on the said judgment, the learned counsel for the

petitioner reiterated that authorities are not effectively

monitoring, inspite of the ban imposed. Still such chemical

mixed wet sago are sold in the open market. Thus, the petitioner

is constrained to move the present writ petition.

4. Taking note of the complaint raised by the petitioner,

this Court collected three samples of sago and handed over to

the authorities for laboratory tests. The Commissioner, Tamil

Nadu Food Safety and Drug Administration Department, Chennai,

conducted lab analysis and communicated the report to the

learned Government Advocate in letter dated 06.10.2021.

5. As per the said report, out of three samples sent by the

Court for analysis, two samples are in conformity with the

standards fixed in the statute and in respect of one sample,

there is a slight variation and the variation would not cause

much harm to the consumers. It is contended that out of nine

tests the variation is found in only one test that too

negligible.

6. Perusal of the report would reveal that laboratory tests

were conducted thoroughly in respect of all the samples and the

competent authority offered opinion in respect of the product.

This Court do not find any infirmity in respect of the actions

taken by the authorities.

7. The learned counsel for the petitioner made a submission

that the wet sago are being sold in many market areas by adding

chemicals. If at all the petitioner identifies any such illegal

sale, then a specific complaint is to