Disposed

Periyar Beverages Pvt. Ltd. v. State of Kerala

Kerala HC13 Nov 2018WP(C)/16669/2018

Case brief

AI extract

What is this about?

This writ petition concerns the renewal of a drinking water bottling license, requiring a No Objection Certificate from the State Ground Water Authority. The court directed the authority to finalize the recommendation process within 45 days due to inaction, satisfying the petitioner's request for expedited processing.

What did the court decide?

The 5th respondent (Kerala State Ground Water Authority) directed to finalise proceedings within 45 days to make a final adjudication on the petitioner's application based on the October 24, 2018 reco

Periyar Beverages Pvt. Ltd. Vs State of Kerala — Service and Employment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940

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WP(C).No. 16669 of 2018

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PETITIONER:

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PERIYAR BEVERAGES PVT. LTD ERUMATHALA P.O., KEEZHMAD, ALUVA - 683 112, REP BY ITS MANAGING DIRECTOR.

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BY ADVS. SRI.T.T.MUHAMOOD SRI.A.MOHAMMED SAVAD SRI.A.RENJIT SRI.C.Y.VINOD KUMAR SRI.V.E.ABDUL GAFOOR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

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2 KEEZHMAD GRAMA PANCHAYAT ERUMATHALA P.O., ALUVA - 683 112, REP BY ITS SECRETARY.

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3 THE SECRETARY KEEZHMAD GRAMA PANCHAYAT,ERUMATHALA P.O., ALUVA,ERNAKULAM - 683 112.

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4 THE DISTRICT OFFICER GROUND WATER DEPARTMENT,DISTRICT OFFICE, CIVIL STATION,KAKKANAD, ERNAKULAM - 682 030.

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5 THE KERALA STATE GROUND WATER AUTHORITY REP. BY ITS SECRETARY,(THE DIRECTOR GROUND WATER DEPARTMENT),JALAVIJNANA BHAVAN, AMBALAMUKKU KOWDIAR P.O.,THIRUVANANTHAPURAM - 695 001.

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WP(C).No. 16669 of 2018 2

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BY ADVS. R1 and R4 by SRI.PAUL ABRAHAM VAKKANAL, GOVERNMENT PLEADER R2 and R3 by SC SRI.S.SHANAVAS KHAN R5 by SRI.P.BENJAMIN PAUL,

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 16669 of 2018 3

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JUDGMENT

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Petitioner is engaged in the business of bottling of

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drinking water from the unit, which was established at Keezhmad within the limits of Keezhmad Grama Panchayath in the year 1999, which according to the the petitioner was done after obtaining necessary licence from the Panchayat. It is also pointed out that, petitioner has obtained permission and no objection from various statutory authorities for running the unit. The licence issued by the Panchayat was renewed from time to time, and finally by Ext.P8 from 01.04.2017 to 31.03.2018. Since the licence was due to expire on 31.03.2018, petitioner submitted application for renewal of licence on 27.02.2018 and also remitted the necessary fee. However, by Ext.P9, 3^rd respondent intimated that, the licence can be renewed only on production of no objection certificate from the State Ground Water Authority an authority constituted under the Kerala State Ground Water (Control and Regulation)Act 2002. Therefore, petitioner has submitted Ext.P11 application before the said authority, which is pending consideration. According to the petitioner, in spite of earnest efforts of the

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WP(C).No. 16669 of 2018 4

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petitioner, no steps are initiated, which necessitated in filing the writ petition.

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A counter affidavit is filed by the 2^nd and 3^rd

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respondents, refuting the allegations, claims and demands raised by the petitioner and justifying the stand adopted in the communication issued by the Panchayat to the petitioner. It is also pointed out that, whenever the petitioner is producing necessary NOC from the statutory authority, the D&O licence application submitted by the petitioner will be considered by the Panchayat.

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The 4^th respondent has also filed a statement

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and among other submissions it is stated that the office has conducted a hydro geological investigation and pumping test in the borewell and based on the pumping test data, recommendations on the quantity of water that can be safely extracted from the borewell, for industrial use will be submitted in the forthcoming District Level Evaluation Committee for the extraction of ground water in the month of October 2018.

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Today, when the matter is taken up, learned Government Pleader has produced a communication dated 12.11.2018 addressed by the District Officer of the Ground Water Department stating that, already steps have been initiated and necessary recommendations have been

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WP(C).No. 16669 of 2018 5

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made on 24.10.2018, and within a reasonable time a final adjudication will be made. It is also pointed out that, 20,000 litres per day is recommended.

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Having heard respective counsel across the Bar

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and taking into account the pleadings of the respective parties, I am of the concerned opinion that, this writ petition can be disposed of with suitable directions.

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The 5^th respondent shall finalise the proceedings pertaining to the recommendation made by the District Authority dated 24.10.2018 at the earliest possible and at any rate, within 45 days from the date of receipt of a copy of this judgment.

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This writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

WP(C).No. 16669 of 2018 6

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LICENCE ISSUED BY KEEZHMAD GRAMA PANCHAYAT ON 30.01.1999. EXHIBIT P2 TRUE COPY OF THE NOC DATED 24.11.2016 ISSUED BY ASSISTANT DIVISIONAL OFFICER, FIRE & RSCUE SERVICES, ERNAKULAM. EXHIBIT P3 TRUE COPY OF THE LICENCE DATED 16.01.2018 ISSUED BY DEPARTMENT OF FACTORIES AND BOILERS. EXHIBIT P4 TRUE COPY OF THE LICENCE DATED 13.12.2016 ISSUED BY SC.F & HEAD BUREAU OF INDIAN STANDARDS, ERNAKULAM. EXHIBIT P5 TRUE COPY OF THE LICENCE NO. 1131500700332 DATED 27.02.2018 ISSUED BY THE ASSISTANT COMMISSIONER OF FOOD SAFETY, ERNAKULAM. EXHIBIT P6 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL CERTIFICATE DATED 09.11.2015 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P7 TRUE COPY OF NOC ISSUED BY THE DISTRICT MEDICAL OFFICER, ERNAKULAM. EXHIBIT P8 TRUE COPY OF THE LICENCE NO. A6- 34/17-18 DATED 01.4.2017 ISSUED BY THE 3RD RESPONDENT.1 EXHIBIT P9 TRUE COPY OF THE LETTER NO. A6- 2525/18 DATED 07.4.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF THE CIRCULAR NO. RC 4/244/2017/LSGD DATED 12.03.2018. EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETIITONER BEFORE THE 4TH RESPONDENT.

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//TRUE COPY// JS PA TO JUDGE

Periyar Beverages Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Periyar Beverages Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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