IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 37448 of 2007(G) -------------------------- PETITIONER: ------------ JOY THOMAS, S/O. MANUAL THOMAS, AGED 32, 'JERRY LAND', SAKTHIKULANGARA, KOLLAM-691 581, PROPRIETOR, JITHIN INDUSTRIES, MUKUNDAPURAM, CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.V.JAYAKUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHAVARA GRAMA PANCHAYATH, CHAVARA P.O. CHAVARA-691 583, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. *3. THE BHARANIKAVU VIKAS KALA SAMSKARIKA SAMITHY, REPRESENTED BY ITS SECRETARY, CHAVARA.P.O., KOLLAM DISTRICT. (*SUO MOTU IMPLEADED AS ADDL. 3RD RESPONDENT AS PER ORDER DATED 18/12/2007 IN THE WP(C)) R3 BY SRI.K.SUBASH CHANDRA BOSE R2 BY SRI.K.HARILAL SRI.R.GOPAN SHRI.MOHAMMED ANZAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 37448 of 2007 --------------------------------- Dated, this the 5th day of February, 2008 J U D G M E N T Under challenge in this writ petition is Ext.P15 resolution of the Panchayat rejecting petitioner's application for licence for the commencement of a packaged drinking water and club soda unit. Counter affidavits have been filed by the Panchayat as well as the additional 3rd respondent, who though named as Kala Samskarika Samithi, claims to be taking active interest in environmental issues affecting the general public of the Chavara Grama Panchayat. Ext.P15 resolution is appealable under the statute before the Tribunal for Local Self Government Institutions. Since statutory remedy is available, I am inclined to relegate the petitioner that remedy. 2. Shri.V.Jayakumar, learned counsel for the petitioner submits that in the meanwhile the Panchayat should be directed to issue licence to the petitioner for establishing the industry on condition that all water requirements will be met from outside sources i.e. from sources outside the Panchayat. Shri. Subhash Chandra Bose, learned counsel for additional 3th respondent submitted that since all the water bodies in the nearby area are WP(C) No. 37448/2007 -2- polluted beyond limits of tolerance, there is likelihood of the water, which is proposed to be brought over to the unit by the petitioner, being excessively polluted and on account of the attempts to purify that the water bodies within the area of the Panchayat stand the risk of being polluted further. The apprehensions of the 3rd respondent, in my opinion, are too far fetched for receiving consideration at the hands of this Court. I am of the view that since the petitioner is having all other statutory consents and permits except the licence from the Panchayat and the only ground on which the licence has been rejected is the scarcity of drinking water, petitioner can be permitted to conduct the industry by bringing water from outside. Learned counsel for the petitioner submits that water brought by the petitioner will be pure. The above submission is recorded. Under these circumstances, even as I dispose of the writ petition relegating the petitioner to statutory remedy against Ext.P15, there will be direction to the 2nd respondent to issue licence to the petitioner for conducting the industry within a period of 10 days on production of a copy of this judgment incorporating a condition that water requirements must be met in full from sources outside the Panchayat. WP(C) No. 37448/2007 -3- 3. The petitioner is permitted to prefer an appeal against Ext.P15 before the Tribunal for Local Self Government Institutions. If the petitioner prefers an appeal within a period of three weeks from today, the Tribunal will entertain the appeal and dispose of the same in accordance with law notwithstanding the apparent delay. The 3rd respondent also will be made as a respondent in the prospective appeal. (PIUS C.KURIAKOSE, JUDGE) jg