Ensure FSSA standards in milk, state told

The first Bench comprising Chief Justice Indira Banerjee and Justice M Sundar, before whom another public interest litigation regarding milk adulteration came up for hearing on Monday, also ordered notice to the 12 private milk producers, including Thirumala Milk Products Private Limited, Heritage Foods Private Limited and Hatsun Agro Products Ltd. 

The officials, including the private milk producers, have been asked to file their counters by July 24. The petitioner R Karthikeyan of Shanmugapuram in Chennai submitted that as per the provisions of FSSA, 2006, firms selling milk in packets should get themselves registered with the authorities for collecting milk. Moreover, they should also get licence from Food Safety and Standards Authority of India (FSSAI) in respect of the quality of the milk sold. 

Noting that the state established milk cooperative society Aavin has a market share of just 20 per cent and the private players have cornered the rest, he said under such circumstances, on May 24, 2017, the Dairy Minister revealed that the milk sold by the private companies contained formaldehyde, a cancer-causing substance. 

Pointing out to the Minister’s firm stand and his assurance that samples are being tested in a lab at Mysuru, the petitioner said if adulterated and unsafe milk is permitted to be sold even after the Minister’s categorical assertion, it is against the health and safety of the people. He sought the court to direct the authorities to prevent the production and marketing of unsafe milk and confiscate such product that is being sold.

The Madras High Court has been moved seeking adequate representation to Scheduled Caste/Scheduled Tribes, women and minorities in the appointment of vice-chancellors to various universities in the state.

The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, before whom it came up for hearing on Monday, ordered notice to the Chairman, University Grants Commission, Secretary to Governor of Tamil Nadu and Department of Higher Education. The case has been posted for further hearing to July 17. 

The PIL moved by Thol Thirumavalavan, president, VCK, submitted that when 30 per cent reservation has been earmarked for government posts to women and SC/STs, the posts of V-C are also government ones, but reservation is not being followed. Stating that based on population, out of the 21 available V-C posts, there must be five V-C’s from SC/ST, seven from women and five from minority communities. The plea further alleged that as and when required these posts are being filled as per the wish and will of the appointing authorities and that no norms are being followed.

The Madras High Court on Monday granted an interim stay on the shifting of Kasimedu fish market from the existing place to the newly created building.

Justice M Duraiswamy, before whom the petition filed by about fifty fishermen, including P Arunkumar of Royapuram seeking a direction to forebear the Fisheries Department from compelling them to shift the fish market from the existing place, issued notice to both the Fisheries Department and Madras Port Trust returnable in four weeks and until then directed maintenance of status quo. 

The petitioners had contended that they were under the impression that the Fisheries Department was about to construct a world class export market enabling them to conduct their business under one roof. But, though the building was constructed and inaugurated way back on February 28, 2016, the same is remaining unoccupied since it lacks basic infrastructures such as ice factories, ice breaking machines, cold storage units and containers to store fishes for transporting them to various parts of the country and abroad. 

They also pointed out that as per the orders of Madras High Court in a writ petition filed way back in 1988 and vide the joint memo of compromise entered between the Madras Port Trust and by the petitioners that they were not to be disturbed from engaging in fishing and allied activities from the Kasimedu Fishing Market at Kasimedu Harbour. They also noted that even though several representations were made to the Fisheries Department that there is a space crunch and the new building cannot accommodate hundreds of sellers and thousands of purchasers under the same roof the department is compelling them to shift the market to new place and is threatening to deprive them of the diesel concession to their fishing boats if they fail to do so.

Even as uncertainty prevails over the conduct of the local body elections, the Madras High Court has issued notice to the state government and the State Election Commission on a plea seeking to declare the appointment of special officers as ultra vires of the Constitution.

The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar on hearing arguments from the Advocate General and senior counsels N L Rajah and P Wilson appearing for the petitioner and DMK respectively, posted the matter for further hearing to June 30 and in the meantime directed them to file their counter by two weeks and rejoinders if any. 

Change India, represented by its director A Narayanan, had submitted that the government and the statutory body totally failed to undertake the necessary course correction and to take legal steps to clear the judicial stay on holding the elections. He further noted that to hide their own failure and dereliction of Constitutional duty, the appointment of special officers was being illegally extended by the Tamil Nadu government every six months by way of gazette notifications. There is no provision of special officer in our Constitution and hence administration of local bodies through special officers is unconstitutional, he contended.