THIRUMALA AQUA PROCESS Vs. BUREAU OF INDIAN STANDARDS

JUDGEMENT

(1.) THIS writ petition is filed challenging the proceedings of the second respondent, Bureau of Indian Standards, Coimbatore Branch Office dated 19.3.2007 and consequently, to direct the respondents to renew the licence of the petitioner beyond 15.5.2007, thereby permitting the petitioner to use 50 litre HDPE Can; 25 litre HDPE Can; 12 litre HDPE Can; 20 litre polycarbonate jar, 20 litre PET, 2 litre PET and one litre PET and pouches.

(2.) UNDER the impugned order, the second respondent has cancelled the licence granted to the petitioner with effect from 17.3.2007, thereby preventing the petitioner from marking/despatching its product, packaged drinking water as per IS-14543:2004 with BIS Standard Mark after 16.3.2007 or from claiming in its advertisements in any other publicity material that it is a licensee to use the ISI mark on its product after 16.3.2007. In the impugned order it is also stated that any publicity materials such as handbills, pamphlets, letterheads, etc. claiming that the petitioner holds BIS Certification Marks Licence for its product should be destroyed or such markings obliterated/defaced immediately.

(3.) THE learned counsel for the petitioner would submit that the petitioner has not filed appeal as per the provisions of the Bureau of Indian Standards Act for the reason that the order of the second respondent is in violation of the principles of natural justice.