Kerala News: KOCHI, The Kerala High Court bench chaired by
Justice C N Ramachandran while directing to open the outlet said the
samples were not collected legally from the hotel.
The court directed to open the KFC outlet at Pulimoodu in the capital city. The outlet was closed after worms were found in the chicken served.
The court asked KFC to abide the criteria of the food safety department. The food safety department was asked to produce in court the results of the food items seized from the outlet in a sealed cover.
Worms were found in the chicken served on October 9.
International food chain brand Kentucky Fried Chicken (KFC) had challenged the closure notice served on its outlet at Thiruvananthapuram after worms were allegedly found in the chicken served there.
The petition questioning the closure order by food safety officials was filed at the Kerala high court by Yum Restaurants India Pvt Ltd, the Indian arm of the US-based corporation.
Food safety officials initiated action against the KFC outlet at Pulimoodu in Thiruvananthapuram after a family complained of worms in the chicken served to them. This KFC outlet began functioning only in May this year and was the company's fourth one in Kerala.
Officials of the food safety department had claimed to have found stale food items while conducting a search at the outlet based on the complaint. A closure order was immediately slapped on the outlet, while officials sent the samples collected from the outlet for laboratory analysis.
According to the petition filed through advocate P Sanjay, the closure order is against the statutory provisions and is in violation of principles of natural justice.
The multinational company is relying on the principle of equality before law and right to freedom guaranteed by the Constitution to prove its point. According to the Constitution, right to freedom includes the right to carry on any occupation, trade, or business.
HC orders reopening of KFC outlet
The Kerala High court today directed re-opening of the
multinational Kentucky Fried Chicken outlet at Thiruvananthapuram which was
closed down on October 9 by Food Safety Authorities after a worm was reportedly
found in a chicken dish bought by a customer.
Considering the petition filed by Yum Restaurant, KFC's
franchisee at Thiruvananthapuram, Justice T R Ramachandran Nair ordered
desealing of the outlet.
FSA had sealed the outlet after an NRI customer found a worm
in a dish of 'fiery chicken', following which he lodged a complaint with
officials.
Acting on the complaint, a search was conducted at the
outlet and some stale items were recovered, following which the outlet was
served with a temporary closure notice.
Challenging the closure, the petitioner moved court, contending
that the procedure adopted by FSA officials is illegal and that 'informal
samples' had been collected without complying with the statutory mandate in the
Food Safety Act.
Upholding the petitioner's plea, the court directed that the
outlet be re-opened.
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