The Kerala Bottled Water Manufactures Association sought a directive to fix the MRP of bottled water at Rs. 15 per litre and regulate low-quality water. The court held that pricing is a government policy matter and cannot be mandated by the court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 2ND DAY OF JUNE 2014/12TH JYAISHTA, 1936
WP(C).No. 1435 of 2014 (D)
PETITIONER(S):
KERALA BOTTLED WATER MANUFACTURES ASSOCIATION, EASTERN CORPORATE OFFICE, NH BYPASS, EDAPPALLY, COCHIN-682 024. REPRESENTED BY ITS PRESIDENT SHRI.M.E.MOHAMMED.
BY ADVS.SRI.JOY THATTIL ITTOOP SRI.A.G.ADITYA SHENOY SRI.K.M.BIJU
RESPONDENT(S):
1. THE SECRETARY, MINISTRY OF FOOD AND CIVIL SUPPLIES, CONSUMER PROTECTION & REGISTRATION, IIND FLOOR, NORTH BLOCK, SECRETARIAT, TRIVANDRUM-695 001.
2. THE FOOD SAFETY COMMISSIONER,
3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, CHIEF MINISTER'S OFFICE, SECRETARIAT, TRIVANDRUM-695 001.
R1 - R3 BY SRI.JOSEPH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 1435 of 2014 (D)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXT.P1 - TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION.
EXT.P2 - COPY OF THE LETTER DATED 28-10-2013 SUBMITTED BEFORE THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS - NIL
//TRUE COPY//
P.A TO JUDGE
A.M.SHAFFIQUE, J.
W.P.C.No.1435 OF 2014
Dated this the 2nd June, 2014
JUDGMENT
The petitioner is an association of Kerala Bottled Water Manufactuters. According to them, various bottlers of packaged drinking water or bottled drinking water are indulging in unfair trade practice on account of the fact that the Maximum Retail Price (MRP) is differently shown by different manufacturers. Unless the Government takes decision to fix the price for bottled or packaged drinking water, there will be large scale manipulation by other bottlers. According to the petitioners, the MRP has to be fixed at Rs.15/- per litre and hence the petitioner has sought for the following reliefs.
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W.P.C.No.1435 OF 2014
drinking water by the unlicensed manufacturers operating unscrupulously in the State and further to take effective measures and steps to bring a uniformity in the price and sale of bottled and packaged water.
iii. Issue a writ of mandamus or other appropriate writ order or direction directing the 1st 2nd and 3rd respondents to consider and pass appropriate orders on Exhibit P2, in accordance with law, within a fixed period as found proper and reasonable by this Honourable Court, after affording an opportunity of being heard to the petitioner.
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W.P.C.No.1435 OF 2014
when it concerns drinking water, it is purely a policy matter to be decided by the Government. The petitioner can as well approach the Government and seek change of policy decision. But, this
Court cannot direct the Government to consider any such policy.
In the said circumstances, there being no merit in the above writ petition, the same is dismissed.
Sd/A.M.SHAFFIQUE, JUDGE
sd
// True Copy //
P.A. to Judge
Kerala Bottled Water Manufactures Association
Secretary, Ministry of Food and Civil Supplies, Consumer Protection & Registration
Food Safety Commissioner, Government of Kerala
State of Kerala
A.M.Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
