Vijayakumar vs State Of Kerala

T.R.Ravi J

The petitioner has filed I.A.No.3/2021 seeking modification of the interim order dated 09.04.2018 and for incorporating five other aspects in the

order.

The Standing Counsel for the 2nd respondent has serious objections regarding modification of the order. The Standing Counsel submitted that the

interim order was issued on the basis of the petitioner's own request that the quality may be assessed by an accredited lab, in case of rejections.

The counsel for the petitioner submits that six samples have been taken from the lot, which was supplied and that they have been sent to the CFRD

for the purpose of testing the quality. It is further submitted that the CFRD is under the control of the 2nd respondent and there is no likelihood that a

proper report will be obtained regarding the quality. The petitioner again submits that at least one of the samples may be forwarded to the Regional

Analytical Laboratory (RAL) for examination since that is a laboratory, which is recognised by the Central Government.

The Standing Counsel submits that the report on the samples is already available and the same will be placed on record on 10.08.2021.

The counsel for the petitioner submits that at least one of the samples, which is available out of the six samples, may also be sent to the RAL for

testing. The counsel for the petitioner also submits that in case of rejection, he will have to make necessary arrangements to reallocate the supplies to

persons to whom it might be acceptable.

In the above circumstances, the 2nd respondent is directed to send one sample of the six samples which is said to have been collected, if the same is

available, to the RAL for examination, within three days from the date of receipt of a copy of this order. This direction will not in any way prejudice

the contention of the respondents that the petitioner is not entitled to seek such a request, which is more than what is sought for in the main prayer in

the writ petition.

Post on 11.08.2021.