SALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these writ petitions are Entrepreneurs who are engaged in the business of distributing drinking water in and around Thrikkakara and Ernakulam. They are aggrieved by the orders/notices issued by the Thrikkakara Municipality restraining them from carrying out the activity of distribution of drinking water.

(2.) The petitioners have obtained registration under the Food Safety and Standards Act, 2006 for doing retail business in Water Supply. The registration is to commence and carry on food business. While the petitioners were doing business, on the basis of certain complaints, they were served with notices of the Secretary to the Municipality and were heard in the matter. The petitioners were required to obtain necessary permissions from related Government Departments.

(3.) The petitioners were thereafter served with notices directing them to produce consent letters / certificates as prescribed by the Government for running centres for distributing drinking water. Though the petitioners submitted applications to the Ground Water Department seeking consent, no such consent was granted. The petitioners learnt that there is no clarity on the issue of grant of such consents under the Kerala Ground Water (Control and Regulation) Act, 2002 and the Departmental officials have requested the Government for instructions and guidelines.