HAPPY INDUSTRIES AND OTHERS Vs. STATE OF KERALA DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,REPRESENTED BY THE SECRETARY, GOVERNMENT SECRETARIAT ANNEXURE, TRIVANDRUM

JUDGEMENT

(1.) As both these writ petitions raise a common issue, and pertain to the same petitioner, they are taken up for consideration together and disposed by this common judgment.

(2.) The petitioner is a unit engaged in purification of drinking water and supply of the said purified water to various consumers through tanker lorries. It is stated that the petitioner's plant is licensed by the Food Safety Supply and Standards Authority of India and the validity of the licence is up to 31.04.2019. The grievance of the petitioner in these writ petitions is essentially with regard to the non-obtaining of a Dangerous and Offensive (D and O) licence from the Thrikkakkara Municipality for carrying out its business activities. W.P.(C).No.23976 of 2015 came to be filed when the application submitted by the petitioner before the Municipality, for a D and O licence for the year 2015-2016, came to be rejected by the Municipality, on the ground that the petitioner had not obtained the necessary permission from the authorities under the Kerala Ground Water (Control and Regulation) Act, 2002 (for short 'the 2002 Act') and Rules made thereunder, as also the necessary consent from the Pollution control Board. W.P. (C).No.28738 of 2016 was filed in the wake of a similar rejection by the respondent Municipality of the application for D and O licence preferred by the petitioner for the year 2016-2017. The reasons cited in the rejection order for 2016-2017 are also similar to those cited for rejection in the year 2015-2016.

(3.) When these writ petitions came up for hearing, it was noticed that the period, for which the D and O licence was sought by the petitioner in both these writ petitions, had already expired and when confronted with the said position, the learned counsel for the petitioner would submit that he is pressing only for the second relief sought in the writ petitions, which is for a declaration that a permission from the Ground Water Authorities under the 2002 Act is not required for conducting a water purification unit and for supplying the purified water in tanker lorries within Ernakulam district, which is not a notified area for the purposes of the aforementioned Act.