THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15315 OF 2011 Dated: 10.06.2011 Between : P. Suresh Kumar … Petitioner And The Commissioner (Addl. Incharge), Jaggaiahpet Municipality, Krishna Dist. … Respondent THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15315 OF 2011 ORDER : The petitioner’s wife started a packaged drinking Water Unit in the name and style of M/s. Sai Surya Aqua Minerals at Jaggaiahpet, Krishna District in the year 2007. Though the necessary licence was issued in her favour by Bureau of Indian Standards (for short, ‘BIS’), the same stood expired in December, 2009. Admittedly the said licence was not renewed since the petitioner’s wife died on 22.04.2010. It appears that the petitioner continued to run the unit though there is no licence in his favour. While so, W.P.No.7170 of 2011 has been filed by a third party assailing the inaction on the part of the District Collector, Krishna; District Panchayat Officer, Machilipatnam as well as the Jaggaiahpet Municipality in taking steps for closure of the unauthorized manufacturing units of packaged drinking water, including the unit run by the petitioner. While admitting the said writ petition, this Court on 1.3.2011 in WPMP.No.8946 of 2011 passed an order as under: “Pending further orders, it is directed that the respondents 1 to 4 shall ensure that no packaged drinking water unit shall operate in their respective areas unless such units are issued the certificate by the Bureau of Indian Standards and possess other permissions that are needed under the relevant provisions of law.” In compliance with the above said order, the Commissioner of Jaggaiahpet Municipality by notice dated 7.4.2011 called upon the petitioner to obtain the necessary permissions within seven days failing which the unit should be closed down. Challenging the said notice, the petitioner filed W.P.No.11120 of 2011. The said writ petition was disposed of by this Court by order dated 21.04.2011 granting liberty to the petitioner to make a representation before the Commissioner, Jaggaihpet Municipality seeking extension of time for obtaining the necessary permissions. It was made clear by this Court that if any such representation was made on or before 27.04.2011, the respondent should consider the same and pass appropriate orders within one week thereafter and till such time no coercive steps should be taken for closure of the plant. Pursuant thereto, the petitioner made an application before the respondent on 25.04.2011 requesting to grant four months time for obtaining the necessary permissions. By proceedings dated 9.5.2011 the respondent disposed of the petitioner’s application granting 15 days time for submission of the certificate from the BIS as well as other necessary certificates making it clear that in the event of the petitioner’s failure to submit the certificates within 15 days, the water plant should be closed. The said proceedings of the respondent dated 9.5.2011 are under challenge in this writ petition. I have heard the learned counsel for both the parties and perused the material available on record. The learned counsel for the petitioner while submitting that to get the renewal of the certificate of BIS minimum two months time is required, vehemently contended that the action of the respondent in compelling the petitioner to submit the certificate within 15 days is arbitrary and illegal. However the learned counsel for the petitioner could not dispute the fact that the petitioner did not even make an application for the BIS Licence till the impugned proceedings dated 9.5.2011 were served on him. The material placed before this Court shows that such an application was filed before the Director, BIS, only on 19.5.2011. It is also relevant to note that even according to the petitioner the licence granted in favour of his wife stood expired in 2009 and thereafter no steps were taken for getting it renewed. As noticed above, the petitioner is also a party-respondent to W.P.No.7170 of 2011 in which this Court by order dated 1.3.2011 directed the officials to ensure closure of the units which were not issued the certificates by BIS. W.P.No.11020 of 2011 filed by the petitioner was also disposed of on 21.04.2011. In spite of the said orders passed by this Court and the closure notices issued by the respondent Municipality, the petitioner failed to make even an application before the BIS for grant of the licence. Having regard to the admitted facts and circumstances noticed above, the petitioner’s contention that the respondent ought to have granted four months time is untenable. It is apparent that in spite of the sufficient time granted the petitioner failed to obtain the BIS certificate and other statutory permissions. Hence the respondent is justified in issuing the impugned proceedings in compliance with the order passed by this Court in WPMP.No.8946 of 2011 in W.P.No.7170 of 2011. For the aforesaid reasons, the interference by this Court is not warranted on any ground whatsoever and accordingly the Writ Petition is dismissed. No costs. ______________ G. ROHINI, J. Dt. 10.06.2011 gbs