IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WA.No. 1330 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN I.A.NO.6010/2011 IN WPC.20693/2010 Dated 23/05/2011 .................... APPELLANT(S): / RESPONDENTS 1,2,4 & 5 IN THE WP(C) -------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. DIRECTORATE OF GROUND WATER, JAL VINJAN BAHVAN, AMBALAMUKKU, KOWDIYAR P.O., THIRUVANANTHAPURAM, REPRESENTED BY IT DIRECTOR. 3. DIRECTOR, DIRECTORATE OF INDUSTRIES & COMMERCE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, KERALA. 4. THE SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY MR.K.P.DANDAPANI, ADVOCATE GENERAL MS.D.MEERA, SR.GOVERNMENT PLEADER RESPONDENT(S): / PETITIONERS AND RESPONDENT NO.3 IN WP(C) --------------- 1. PEPSICO INDIA HOLDINGS PVT. LTD, WISE PARK INDUSTRIAL DEVELOPMENT AREA, KANJIKKODE EAST, PALAKKAD 678 621, REPRESENTED BY ITS TERRITORY DEVELOPMENT MANAGER. 2. KERALA STATE SINGLE WINDOW CLEARANCE BOARD, KESTON ROAD, KOWDIAR, THIRUVANANATHAPURAM, REPRESENTED BY ITS DIRECTOR. BY.SRI.L.NAGESWARA RAO, SR. ADVOCATE FOR R1 SRI.A.K.JAYASANKAR NAMBIAR, SR. ADVOCATE FOR R1 SRI.DHEERAJ SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R2 SRI.SAJI VARGHESE FOR R2 SMT.MARIAM MATHAI FOR R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... W.A. No.1330 of 2011 .................................................................... Dated this the 11th day of October, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. This Writ Appeal is filed against the interim order permitting the respondent Company to draw up to 6,00,000 litres of ground water per day for their business purposes. Learned Advocate General appearing for the State submitted that in terms of the impugned interim order passed by the learned Single Judge technical study will be arranged at the earliest. Even though the learned Advocate General requested for modification of the interim order, we feel that without a technical study report and proof of adverse effect on public requirement of water, it may not be correct to limit the pumping by the respondent Company, which is linked to production. We, therefore, feel that a study report by a technical team is required for final disposal of the matter. Therefore, we W.A.No.1330/2011 2 direct the State to immediately arrange for constitution of a committee to conduct study and to submit report before the learned Single Judge. As soon as the report is ready, the State will move the learned Single Judge for immediate hearing. We direct the learned Single Judge to dispose of the WP(C) within three weeks from the date of filing the technical study report. The State is free to raise all contentions raised in the Writ Appeal before the learned Single Judge while arguing the WP(C). This Writ Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR, (ACTING CHIEF JUSTICE) P.S.GOPINATHAN, (JUDGE) jg