Madras HC Dismisses PIL Seeking Uniform Rate Of Food Items In Different Hotels, Restaurants, Fast Foods And Graded Hotels [Read Order]

“There is no constitutional or statutory right, to demand that there should be uniform rate of food items, (vegetarian and non-vegetarian) in different hotels, restaurants, fast foods and graded hotels”

The Madras High Court has recently dismissed a public interest litigation seeking uniform rates of food items (vegetarian and non-vegetarian) in different hotels, restaurants, fast foods and graded hotels.

Akbar Ahmed had filed a PIL ‘aggrieved’ by varying rates of the food items (vegetarian and non-vegetarian) in hotels and restaurants. According to him, the government should come forward with a regulation to fix common rates for the food items (vegetarian and non-vegetarian) in grade hotels such as Grade 2, 3, 4, 5 and 7-star hotels, restaurants, etc. His representation of this effect was not considered by the government and therefore he had approached the high court.

Though the bench warned Ahmed, who appeared in person, that it will impose a cost if no public interest is seen involved, he went on to submit before the bench that common rate has to be fixed for vegetarian and non-vegetarian, items in the hotels, restaurants, fast foods, dhaba and star hotels.

The bench comprising Justice S Manikumar and Justice PT Asha observed: “There is no constitutional or statutory right, to demand that there should be uniform rate of food items, (vegetarian and non-vegetarian) in different hotels, restaurants, fast foods and graded hotels. Representation can be entertained, if only there is a right. Averments made in the writ petition do not contemplate any answer.”

The bench also referred to various judgments of the apex court and said that the PIL was liable to be dismissed. “Though, on the averments we are of the view that the instant writ petition is a fit case to impose costs, we refrain from doing so with a hope that the petitioner would go through the judgments of the Hon'ble Supreme Court on public interest writ petitions and hereinafter, refrain from invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, except for genuine, bona fide cause, where there is Public Interest,” it added.