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[Cites 2, Cited by 0]

Madras High Court

A.Mayakrishnan vs The Chief Engineer on 12 October, 2018

Author: N.Sathish Kumar

Bench: M.M.Sundresh, N.Sathish Kumar

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               
Dated: 12.10.2018 

RESERVED ON     
DELIVERED ON    
09-10-2018 
12-10-2018 

CORAM   

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH             
AND  
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR             

W.P.(MD).Nos.12296 of 2018  
 and 17498 of 2018
and 
W.M.P.(MD)Nos.11177 and 15378 of 2018    

W.P.[MD].No.12296 of 2018:  

A.Mayakrishnan                                                  : Petitioner            
                
Vs.

1.The Chief Engineer,
   State Ground and Surface Water Resources  
   Data Centre,
   Tharamani,
   Chennai-600 113.

2.The District Environmental Engineer,
   Tamil Nadu Pollution Control Board,
   Virudhunagar District.



3.M/s.Sugapriya Mineral Water, 
   Venkateshwarapuram Village, 
   Srivilliputhur Taluk,
   Virudhunagar District.

4.M/s.Seven Star Mineral Water, 
   Pillaiyarnatham Village,
   Srivilliputhur Taluk,
   Virudhunagar District.                               : Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2
to cancel the No Objection Certificate issued to the third respondent to run
the Mineral Water Manufacturing Factory and direct the first and second
respondents not to grant the No Objection Certificate to the fourth
respondent to run the Mineral Water Manufacturing Factory on the basis of the
representation of the petitioner dated 23.04.2018.

!For Petitioner         : Mr.N.Satheesh Kumar  
For Respondent No.1     : Mr.A.K.Baskarapandian, 
                                                Special Government Pleader 
                For Respondent No.2     : No Appearance 
                For Respondent No.3     : Mr.G.Masilamani, 
                                                  Senior Counsel,
                                                  For Mr.A.Sivaji
                For Respondent No.4     : Mr.M.Venkatesan  
W.P.[MD].No.17498 of 2018:  

M.Balakrishnan                                                  : Petitioner    
                
Vs.

1.The Secretary to Government, 
   Public Work Department,
   Fort St. George,
   Chennai.

2.The Secretary to Government, 
   Housing and Urban Development, 
   Secretariat,
   Fort St. George,
   Chennai.

3.The District Collector,
   Collectorate Campus,
   Virudhunagar District.

4.The Chief Engineer,
   State Ground and Surface Water Resources, 
   Tharamani,
   Chennai-113.

5.The Revenue Divisional Officer,
   Srivilliputhur,
   Virudhunagar.

6.M/s.Sugapriya Mineral Water, 
   Venkateshwarapuram Village, 
   Srivilliputhur,
   Virudhunagar District.

7.Seven Star Mineral Water,
   Pillaiyarnatham Village,
   Srivilliputhur Taluk,
   Virudhunagar District.                               : Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus,  forbearing the respondents 6 and
7 from running their water packaging unit permanently as per G.O.Ms.No.113,
dated 09.06.2016 issued by Public Works (R2) Department.  
                For Petitioner          : Mr.Niranjan S.Kumar 
                For Respondents 12,4&5: Mr.A.K.Baskarapandian,   
                                                Special Government Pleader 
                For Respondent No.6     : Mr.G.Masilamani, 
                                                  Senior Counsel,
                                                  For Mr.A.Sivaji
                For Respondent No.7     : Mr.M.Venkatesan  



:COMMON ORDER      

N.SATHISH KUMAR, J.

Considering the commonality of issues involved, both the Writ Petitions have been taken up together and disposed of by a common order.

2. It is the case of the petitioner in W.P.(MD)No.17498 of 2018 that the respondents 6 and 7 have established their Industries for the purpose of selling packaged drinking water in Melathottiyapatti Village, Srivilliputhur Taluk, Virudhunagar District. To regulate the ground water resources, the Government has passed G.O.Ms.No.52, Public Works (R2) Department, dated 02.03.2012, wherein, the entire State of Tamil Nadu was classified into various blocks, like over exploited, critical, semi-critical and safe blocks. As per the Government Order, no schemes should be formulated in over exploited and critical blocks, which are notified as 'A' category blocks. In semi-critical and safe blocks, all the schemes should be formulated through the Chief Engineer, State Ground and Surface Water Resources and only after issuance of No Objection Certificate for ground water clearance, such activity in 'B' blocks could be performed. However, the respondents 6 and 7 have established their industries in category 'A', where the stage of ground water extracted is 90% and above. The respondents 6 and 7 dug huge bore-wells to the ground depth of nearly 1000 feet and approximately, they are extracting a lakh of litre per day.

3. It is the further contention of the petitioner that the areas, where the Industries were set up, fall within the Hill area. As per G.O.Ms.No.49, Housing and Urban Development Department, dated 24.03.2003, any construction or industry or factory could be commenced only after obtaining permission from the Hill Area Conservation Authority (HACA). The respondents 6 and 7 have not obtained such permission. Even the subsequent G.O.Ms.No.113, Public Works (R2) Department, dated 09.06.2016 deals with regulation of ground water. Due to extraction of ground water by the respondents 6 and 7, the water in the Village got polluted and many of the general public residing in the Village lost their lives. Despite many agitations, the official respondents have not taken any action against the respondents 6 and 7. Hence, the relief is sought to restrain the respondents 1 to 5 from permitting the respondents 6 and 7 to run their water units.

4. The case of the petitioner in W.P.(MD)No.12296 of 2018 is that the private respondents have extracted water excessively violating the conditions of licence granted to them and due to such extraction, the village ground water level has come down and ground water also polluted with chemicals. Ultimately, the ground water in the Village became salty. Further, 42 Villagers died due to renal failure within a period of one and half years. Despite the above fact, the District Administration has not taken any steps in this regard.

5. It is the further contention of the petitioner that he has sent the sample drinking water to M/s.Enviro Care India P.Ltd., The report indicated that the sample does not reach the requirement of drinking water quality as per the test. Due to continuous drawal of ground water from the earth more than 1000 feet, the water in the Village became contaminated and the same cannot be used for drinking purpose. Hence, the petitioner has sought for a direction to the official respondents to cancel the No Objection Certificate issued to the third respondent and also not to grant No Objection Certificate to the fourth respondent.

6. It is the contention of the private respondents in both the Writ Petitions that the Writ Petitions are motivated and they have not violated any order by drawing the water. The allegation that many people died due to kidney disease also disputed. The alleged private lab report is also disputed by the private respondents and the Writ Petitions have been filed with ulterior motive.

7. By order dated 17.09.2018, the Revenue Divisional Officer, Srivilliputhur, was directed to check up the water unit run by the respondent No.6 in W.P.(MD)No.17498 of 2018 and to file his counter, wherein, at Paragraph Nos.1 and 2, it was held as follows:

"1. I submit the Revenue Divisional Officer, Sivakasi, I am filing this counter based on the documents available at my office. I deny all the averments made in the affidavit. I am arrayed as 5th respondent in the WP. I have been wrongly shown as Revenue Divisional Officer, Srivilliputtur. There no office as Revenue Divisional Office, Srivilliputtur. The said unit is running under my jurisdiction. During the month of June, 2018 the villagers of the Melathottiyappati hamlet has not allowed their children to attend the school. The agitation was against the private respondents. On 09.06.2018 along with Thasildar, V.A.O., Pollution Department, Ground Water Department, Officer from Food Safety, Revenue Inspector inspected the 6th and 7th respondents unit. On inspection it was found that the 6th respondent is running the unit after obtaining all the permission. Therefore peace committee was conducted on 13.06.2018 and wherein the parents assured that they will send their children to school from 18.06.2018. Based on the said decision on the peace committee meeting the agitation was withdrawn. An order was passed by this office vide proceedings No.Na.Ka.A2/100/2018, dated 15.06.2018 to close the 6th and 7th respondents unit from 16.06.2018 to 22.06.2018. The said order was challenged by the 6th respondent in W.P.(MD)No.12974 of 2018 and this Hon'ble Court granted order of interim stay of the said proceedings dated 19.06.2018.
2. I submit that, subsequently this WP has been filed by this petitioner. On 17.09.2018 an order has been passed by this Hon'ble Court in W.P.(MD)No.17498 of 2018 and W.M.P.(MD)No.15378 of 2018 by directing this respondent to check that the drawal of water by the 6th respondent is within the permitted limit. The said order was received by this officer on 05.10.2018. Immediately inspection was done on 06.10.2018. On inspection it was verified that 6th respondent is drawing water within the permissible limit. The register was also verified and it was found that from 01.04.2018 the 6th respondent had drawn water within the permissible limit."

8. We have heard the submissions made on either side.

9. The main contention of the learned counsel appearing for the petitioner in both the Writ Petitions is that though the private respondents originally obtained permission for drawal of ground water, they are extracting water in violation of the licence granted to them and they dug huge giant bore-wells and extracting more than a lakh of litre per day. Besides, the depth of the bore-well is also more than 1000 feet. Due to such drawal, the ground water level in the Village contaminated and became salty, because of which, 42 people were affected with renal failure and died. Public agitation also made in this regard. The sample sent to the private lap was also found to be not fit for drinking water. It is the further contention that the drinking water packing units are operated in the critical and semi- critical areas. As per the Government Orders, no scheme shall be allowed to operate in such areas. Despite passing such Government Orders, the private respondents are allowed to continue their activities. Similarly, no permission whatsoever obtained from the Hill Area Conservation Authority (HACA), which is mandatory. Hence, it is submitted that the Industries are allowed to continue in violation of the statutory rules and Government Orders and the same will cause health hazards to the nearby villagers. Therefore, the petitioners prayed for allowing the Writ Petitions and sought for a direction to the official respondents not to grant No Objection Certificate and also restrain them from running the Industries.

10. Mr.G.Masilamani, learned Senior Counsel appearing for M/s.Sugapriya Mineral Water, would submit that these Writ Petitions have been filed based on mistake of facts. There is no discharge made by M/s.Sugapriya Mineral Water. Water has been treated on reverse osmosis basis. Reject water let to their own land and used for horticulture purposes. There is no chemical used for cleaning the water. Therefore, the contention of the petitioners that the discharge of water from the said Industries led to contamination in the ground water level in the Village is without any basis.

11. Adding further, the learned Senior Counsel would contend that M/s.Sugapriya Mineral Water was established way back in the year 1996, after obtaining necessary permissions and samples also examined by the authorities concerned and on examination, it was found to be good. It is the further contention that the Panchayat has two source of water supply to the Village. The water collected from the overhead tank and also Thamirabarani river, in fact, was found to be not suitable as per the lab report. Water source of Village is no way connected to the Industry. It is the further contention that absolutely there is no evidence to show that the Villagers suffered renal failure, due to water contamination. Similarly, there is no evidence to show that M/s.Sugapriya Mineral Water unit is using the giant bore-well and dug the bore-well upto 1000 feet. These are all factually incorrect. The reports of the Government and the Tamil Nadu Pollution Control Board will fortify the above facts. The Ground water Availability Certificate issued by the competent authority itself clearly shows that the ground water is available at 12.7 metres. Therefore, the allegation that the ground water level in the Village was decreased is without any basis.

12. The Directorate of Public Health and Preventive Medicine also conducted a study and examined the samples and found that only drinking water supplied by the Panchayat has not been properly chlorinated. Hence, it is submitted that the entire facts alleged in the Writ Petitions are based on mistake of facts.

13. Adding further, the learned Senior Counsel would submit that the Government Orders relied upon by the petitioners cannot be applied to M/s.Sugapriya Mineral Water and the said Industry is running from the year 1996 onwards, that too, after obtaining necessary permissions from the authorities concerned. The Government Orders cannot be applied retrospectively. Hence, it is submitted that the Writ Petitions deserve to be dismissed.

14. The learned counsel appearing for M/s.Seven Star Mineral Water would contend that they are also running the Water Manufacturing Factory, after obtaining necessary permissions. Merely because No Objection Certificate is not given by the Public Works Department, they cannot be stopped from extracting the water. They have already applied for No Objection Certificate and it is also pending consideration. Hence, he prayed for dismissal of the Writ Petitions.

15. We have considered the rival submissions and perused the entire materials available on record.

16. The main grievance of the petitioner in both the Writ Petitions is that due to extraction of excessive ground water and discharge of effluent ground water source, the Villagers got affected, which led to renal failure. It is the specific case of the petitioners that 42 renal deaths had occurred within the span of one and half years. The reason for such renal failure is the ground water became very salty. To substantiate the said contention that there were 42 renal deaths, due to water contamination, absolutely, there is no material available on record.

17. It is not in dispute that the private respondents were granted permission to extract the ground water to the level of 20,000 litres per day. It is also not in dispute that they have established the factories much prior to the Government Orders. As per G.O.Ms.No.52, Public Works (R2) Department, dated 02.03.2012, the entire State of Tamil Nadu was classified into various blocks, like over exploited, critical, semi-critical and safe blocks. All the over exploited and critical blocks are notified as 'A' category, where stage of ground water extraction is 90% and above and all the semi-critical and safe blocks are notified as 'B' category, where stage of ground water extraction is below 89%. In the above Government Order, it is directed that no schemes should be formulated in over exploited and critical blocks notified as 'A' category blocks. In semi-critical and safe blocks notified as 'B' category blocks, all the schemes should be formulated through State Ground and Surface Water Resources Data Centre of Water Resources Department and the Chief Engineer/State Ground and Surface Water Resources Data Centre will issue No Objection Certificate for ground water clearance. Though, in the above Government Order, originally, the entire Srivilliputhur was classified as critical area, that means between 90 and 100%, having subsequent order by G.O.(Ms).No.113, Public Works (R2) Department, dated 09.06.2016, the Government re-classified the area, in which, the factories are running, as semi-critical area. These facts are not in dispute.

18. M/s.Sugapriya Mineral Water has obtained a licence under the Food Safety and Standards Act, 2006, as early as on 22.05.2013. The test report of SGS India P.Ltd., filed in the type-set of papers reveals that the water sample complies to drinking water specification as per IS: 10500-2012. Similarly, Enviro Care India Private Limited also tested the sample of M/s.Sugapriya Mineral Water and the report also indicates that the sample meet the requirements of TNPCB norms with respect to the parameters tested. The Tamil Nadu Pollution Control Board also tested the sample by its report dated 27.12.2017. They have also found that the bore well of M/s.Sugapriya Mineral Water is 6 inch Diameter in mm and the depth is only 55 metres and casing in m is only 12 metres and water level is available in 12.7 metres. Based on the above report, the Ground water Availability Certificate was also issued by the Assistant Director of Geology in the name of M/s.Sugapriya Mineral Water. The report of the Tamil Nadu Pollution Control Board makes it clear that the allegation of the petitioners that the bore well is to the extent of 1000 feet is found to be false. Similarly, the allegation that giant bore well was used is also found to be false.

19. It is further to be noted that the Directorate of Public Health and Preventive Medicine, Department of Water and Sewage Examination, has collected water from the entire village, particularly, the bore-well from where the water is supplied to the village and also another source from Thamirabarani CWSS. The report of the Director of Public Health and Preventive Medicine reads as follows:

"Bore well water supply:
1. Bore well water near Pazhappannai Urani, Melathottiapatti.
2. First tap after OHT at Middle Street.
3. Tap near E.B. Post No.N-31.
4. Tail end tap near door No.171, South 2nd Street. Tamirabarani CWSS:
1. Tap in sump premises, Karuppasami Koil (Source: Tamirabarani CWSS).
2. Tap near door No.4/320 in Pasumpon Nagar.
3. Tail end tap in Pasumpon Nagar.

I) Bore well water (RWS-1to3):

All the samples of water representing the bore well water are Colorless and clear in physical appearance.
Judged by the results of analysis, they are of satisfactory bacteriological and chemical quality for drinking purpose.
However, the samples of water collected from
1. 1st tap after OHT at Middle Street, Melathottiapatti (RWS-2) and
2. Tail end tap near door No.171, South 2nd Street (RWS-3) are smelt strongly chlorinous and recorded a chlorine residual of 5.3 mg/1, which is excess and consumption of such high chlorine residual water will leads to stomach ailments among consumers.

Hence, it is advised that, the chlorine dose should be optimised by using only 4 grams of bleaching powder per 1000 litres of water, with 30 minutes contact time so as to leave a chlorine residual of 0.5-1.0 mg/1 at the consumer tap end.

II) Tamirabarani CWSS (RWS-4&5):

All the samples of water representing Tamirabarani CWSS are colorless and clear in physical appearance.
Chemically they are of satisfactory quality for drinking. But, it is of very poor bacteriological quality and evidenced by the presence of coliform organism of faecal origin. This is mainly due to the absence of secondary chlorination in sump/OHT. Hence, it is advised to carry out regular and uninterrupted secondary chlorination in sump near Karuppasamy koil.
The bleaching powder sample brought for analysis contains 31.3% of available chlorine and is of satisfactory quality for water disinfection purpose. However, it should be preserved in air tight container to prevent loss of chlorine."

20. The following suggestions were also made in this regard:

"1. The surroundings of the all Service reservoir sites should always be kept clean and tidy.
2. Proper compound wall/fencing should be provided to the Service Reservoirs to prevent entry of strangers.
3. Any leakage found in the distribution line should be arrested immediately to prevent wastage of treated drinking water and back siphoning of stagnant leakage water into the distribution line during non-supply hours and to prevent water borne diseases.
4. All Service Reservoirs should be kept covered to prevent extraneous contamination.
5. Secondary chlorination at the Service Reservoirs is highly imperative to prevent water borne diseases. Hence it is advised that, uniform uninterrupted chlorination should be carried out using Bureau of Indian standards grade, stable, bleaching powder having not less than 32% of available chlorine, preserved in air tight container and used at a dose of 4 grams per 1000 litres of water, with 30 minutes contact time, so as to leave a chlorine residual of 0.5 mg/1 at the consumer tap end to ensure hygienic safety at all times. Alternatively 20 ml of 4-6% Sodium hypochlorite solution may also be used.
6. The staff at fields who are incharge of water supply should be instructed the method and importance of secondary chlorination at Service Reservoirs.
7. All Service Reservoirs/OHT should be cleaned once in a month.
8. Proper platform with drain facility should be provided to all the public taps in Pasumpon Nagar to prevent stagnation of spillage water.
9. A separate stock register showing the particulars of procurement of bleaching powder, Stock on hand, daily usage for chlorination, date of cleaning of Service Reservoirs, Scouring of pipelines etc. should be maintained for the perusal of inspecting authorities."

21. From the above report, it is clear that only the overhead tank maintained in the village was found with a chlorine residual of 5.3mg/1, which is excess and consumption of such high chlorine residual water will lead to stomach ailments. Similarly, the report also reveals that the water collected from Tamirabarani river is of very poor bacteriological quality and evidenced by the presence of coliform organism of faecal origin.

22. From the above lab reports, it makes it clear that the contention of the petitioners that only the water discharged from the Water Units contaminated the water in the Village is found to be false. It is to be noted that the Tamil Nadu Pollution Control Board has examined not only the water collected from M/s.Sugapriya Mineral Water but also trade effluent and issued a report dated 27.12.2017 stating that there is no excess parameters of the Standards. Water Resource Department, by order dated 12.04.2018, issued a renewal of No Objection Certificate for drawal of ground water to M/s.Sugapriya Mineral Water and the Certificate is valid upto 21.03.2019. Similarly, Water Resources Department issued a similar Certificate for renewal of No Objection Certificate. The counter-affidavit of the Revenue Divisional Officer filed before this Court shows that there was no excess drawal of ground water by M/s.Sugapriya Mineral Water. All these facts clearly established that there was no violation by M/s.Sugapriya Mineral Water. In fact, the said Industry is running only on the basis of the licence provided by the competent authorities. It is not in dispute that the Government has passed a Government Order regularizing the ground water. The Government has passed various Government Orders right from G.O.Ms.No.52, Public Works (R2) Department, dated 02.03.2012, thereafter, G.O.(Ms)No.142, Public Works (R2) Department, dated 23.07.2014 and finally, G.O.Ms.No.113, Public Works (R2) Department, dated 09.06.2016,to regulate the usage of ground water and issuance of No Objection Certificate.

23. Clause II of G.O.(Ms)No.142, Public Works (R2) Department, dated 23.07.2014 reads as follows:

"NO OBJECTION CERTIFICATE is required for drawal and transportation of Ground water for the following categories:
(1) For drawal and transportation of ground water for Housing Infrastructure Projects with more than six dwelling units.
(2) For drawal and transportation of ground water for all other infrastructure Projects/buildings.
(3) Drawal and transportation of ground water for Industries (However, this will not apply to the existing Industries).
(4) Water based Industries (i.e., those industries which use water as raw material like water bottling units, etc.,) are eligible for No Objection Certificate in Safe and Semi-Critical Blocks only and not in any other category of Blocks.
(5) In case of industries, which have already been established and functioning in Critical and Over-exploited Blocks, keeping in view the investment already made in plant and machinery, renewal of No Objection Certificate will be done after the concerned District Collector/Chief Engineer, State Ground and Surface Water Resources Data Centre, satisfies himself about the provisions of the Artificial Recharge Scheme Structures to recharge the ground water. While issuing No Objection Certificate, the Competent Authority may ensure that water from surface source is not available from Chennai Metropolitan Water Supply and Sewerage Board, Tamil Nadu Water Supply and Drainage Board, Local Body or New Tiruppur Area Development Corporation Limited."

24. The above Government Order makes it clear that when the Industries are already established in safe and semi-critical blocks, No Objection Certificate can be issued. Similarly, when the Industry is established and functioned in critical and over-exploited blocks, keeping in view the investment already made in plant and machinery, renewal of No Objection Certificate will be done after the concerned District Collector/Chief Engineer, State Ground and Surface Water Resources Data Centre, satisfies himself about the provisions of the Artificial Recharge Scheme Structures to recharge the ground water. A reading of the above Government Order makes it very clear that when an Industry is already established in a semi-critical area, No Objection Certificate can be issued by the competent authority.

25. Admittedly, in the case at hand, the competent authority has issued a No Objection Certificate as far as M/s.Sugapriya Mineral Water is concerned. There is no dispute in this regard. Therefore, reliance placed on the Government Orders that there should be total ban on the activities cannot be countenanced, for the simple reason, that the Government Orders cannot be given retrospective effect. It can be given only prospective effect. Similarly, the Government Order, referred to above, namely G.O.(Ms)No.142, Public Works (R2) Department, dated 23.07.2014 makes it very clear that the Industry, which is running, also can be given No Objection, subject to the satisfaction of certain conditions.

26. As far as M/s.Sugapriya Mineral Water is concerned, the Tamil Nadu Pollution Control Board and the Water Resources Department and also the competent authorities have issued No Objection Certificates and also examined the water conditions and found no abnormality in the water. Therefore, the contention of the petitioners as against M/s.Sugapriya Mineral Water has to fail. Thus, the Writ Petitions have to fail as against M/s.Sugapriya Mineral Water.

27. As far as M/s.Seven Star Mineral Water is concerned, as per the order of the National Green Tribunal and also the order of the Tamil Nadu Pollution Board dated 20.01.2014, electricity was disconnected, as against which, they filed a Writ Petition in W.P.(MD)No.20513 of 2017 before this Court and the same was dismissed on 07.11.2017 with a direction to the said Industry to approach the Tamil Nadu Pollution Control Board. But, so far, no Certificate renewing the No Objection is granted by the Tamil Nadu Pollution Control Board. Further, this fact is not disputed.

28. It is the main contention of the learned counsel appearing for M/s.Seven Star Mineral Water that they have already applied for such Certificate and, therefore, they are also permitted to be continued.

29. We are afraid, such permission cannot be granted without any Certificate as required under law. As per G.O.(Ms)No.142, Public Works (R2) Department, dated 23.07.2014, it is mandatory for any industry to get No Objection Certificates periodically. No Objection Certificate has not been issued in favour of the said Industry by the Tamil Nadu Pollution Control Board. Without No Objection Certificate, the above Industry is not entitled to continue their operation and not entitled to draw the underground water in violation of the Government Orders. Hence, till necessary permission is granted by the Tamil Nadu Pollution Control Board and Water Resources Department, they are not entitled to continue their operation. Therefore, M/s.Seven Star Mineral Water is directed to close the unit and not to extract the ground water, unless they obtain necessary permission from the authorities concerned. Till obtaining such necessary permission from the competent authorities, they have no right to run the industry.

30. While disposing of the Writ Petitions, we are of the view that the following directions are necessary for effective monitoring of the extraction of ground water and also checking the water contamination in the village:

The Tamil Nadu Pollution Control Board shall conduct inspection once in a month and draw the samples not only from the premises of the Industry, namely M/s.Sugapriya Mineral Water but also collect the samples from the Village bore-well and the other water sources shown by the Village President and regularly test the samples collected from the area in order to find out as to any water contamination which will cause public hazards. Similarly, the Public Works Department shall also make periodical inspection to M/s.Sugapriya Mineral Water regularly at least once in a month, in order to find out as to any excess drawal of water against the licence conditions and if any violation is found during such inspection, it is open to the competent authorities to cancel the licence as per law.
No costs. Consequently, the connected miscellaneous petitions are closed.
To
1.The Secretary to Government, Public Work Department, Fort St. George, Chennai.
2.The Secretary to Government, Housing and Urban Development, Secretariat, Fort St. George, Chennai.
3.The District Collector, Collectorate Campus, Virudhunagar District.
4.The Chief Engineer, State Ground and Surface Water Resources, Tharamani, Chennai-113.
5.The Revenue Divisional Officer, Srivilliputhur, Virudhunagar.

.