Madras High CourtWP(MD)/19386/2015disposed of

M.Peterjames, The President v. The District Collector

2023-12-05Honourable Mr Justice B.Pugalendhi9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P(MD)Nos.1 & 2 of 2015 M.Peterjames, The President "Vangamanoothu Village Agricultures Welfare Association", (Reg.No.50/15), 225/2, Vangamanoothu, Siluvathur Post, Vadamadurai, Dindigul - 624 306.

...Petitioner

Vs.

1.The District Collector Dindigul District.

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2.The Revenue Divisional Officer, Dindigul.

3.The Tahsildar, Dindigul East, Dindigul.

4.The Deputy Director Agricultural Department, Dindigul District (Collectorate), Dindigul.

5.The Authorized Officer Bureau of Indian Standards, Southern Region Office, Post Box No.8290, CIT Campus, 4th Cross Road, Tharamani, Chennai - 600 113.

6.The Designated Officer Department of Food Safety & Drug Administration Department, Dindigul - 624 002.

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7.The Chief Engineer Public Works Department (PWD), Water Resources Department (WRD), State Ground and Surface Water Resources Data Centre, Tharamani, Chennai - 600 113.

8.The Chairman, Tamil Nadu Pollution Control Board, Guindy, Chennai - 600 032.

9.The Regional Director, Central Ground Water Board, Government of India, Ministry of Water Resources, South-Eastern Coastal Region, E-1, G-Block, Rajaji Bhavan, Besant Nagar, Chennai - 600 090.

10.The Managing Director M/s.Venchra Foods & Beverages (India) Pvt. Ltd., 370/1, Vangamanoothu Village, Siluvathur Post, Dindigul - 624 306.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for entire records with regard to the Licence bearing No.12414006000346 dated 06.05.2014 issued by the sixth respondent in favour of the tenth respondent to run the industry "M/S.Venchra Foods & Beverages (India) Pvt. Ltd.," for doing the business of Packaged Drinking Water situate at S.No.364/1A, 370/1 and 370/3 in Vangamanoothu Village, Siluvathur Post, Dindigul - 624 306 and quash the same. For Petitioner : Mr.K.Sureshkumar For Respondents : Mr.P.T.Thiraviam - for R1 to R4, R6 & R7 Government Advocate Mr.K.R.Lakhman - for R9 No Appearance - for R8 & R10

O R D E R

The petitioner, with a grievance that the tenth respondent is running a water business without proper licence, has approached this 4/9

Court that with the license issued by the sixth respondent-the District Food Safety Officer, the 10th respondent is exploiting water in Dindigul District in the over exploited area.

2. The case of the petitioner is that the 10th respondent through his factory is extracting ground water from the land in S.No. 364/1A, 370/1 and 370/3, Vangamanoothu Village, Siluvathur Post, Dindigul District. This land according to the petitioner is situated nearby agricultural lands. The petitioner is extracting the water for the purpose of packaged drinking water and in view of the indiscriminate extraction of water, the ground water level got depleted. It does not only affect the the agricultural land, but also leads to drinking water crisis. The petitioner has sent several representations to the respondents and since no action has been taken, he has filed this writ petition challenging the licence granted to the 10th respondent. 5/9

3.When the writ petition has been taken up for hearing, the learned Government Advocate produced the written instructions received from the 6th respondent that an inspection was conducted and it was found that from 17.07.2023, the 10th respondent's Venchara Foods and Beverages (India) Private Limited was inoperative and the food business was closed.

4. Recording the above submission of the learned Government Advocate, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 05.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 6/9

To 1.The District Collector Dindigul District.