Madras High Court
K.Muthukumaran vs Union Of India Represented By on 19 December, 2022
Author: D.Bharatha Chakravarthy
Bench: T.Raja, D.Bharatha Chakravarthy
W.P.No.33775 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.33775 of 2022
K.Muthukumaran .. Petitioner
v.
1. Union of India represented by
The Administrator/Lt. Governor
of U.T. of Puducherry
Raj Nivas
Puducherry 605 001
2. The Chief Secretary to Government
Government of Puducherry
Chief Secretariat, Goubert Avenue
Puducherry 605 001
3. The Secretary to Government (Revenue)
Government of Puducherry
Chief Secretariat, Goubert Avenue
Puducherry 605 001
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W.P.No.33775 of 2022
4. The District Collector-cum-
Secretary to Government (Excise)
Government of Puducherry
Office of the District Collector
I Floor, New Collectorate Building
Vazhudavoor Road, Pettaiyan Chathiram
Puducherry 605 009
5. The Secretary to Government-cum-
Commissioner (Excise)
Government of Puducherry
Chief Secretariat, Goubert Avenue
Puducherry 605 001
6. The Deputy Commissioner (Excise)
Office of the Deputy Commissioner (Excise)
Industrial Estate Road
Thattanchavady
Puducherry 605 008
7. The Director
Directorate of Industries and Commerce
Industrial Estate, Thattanchavady
Puducherry-605 009
8. Puducherry Town and Country Planning
Represented by the Commissioner
Jawahar Nagar, Boomianpet
Puducherry 605 005
9. Industrial Guidance Bureau (IGPB)
Represented by Director
Industrial Estate, Thattanchavady
Puducherry 605 009
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W.P.No.33775 of 2022
10.The Chief Inspector of Factories (CIF)
Labour Complex Building
Vazhudavoor Road, Gandhinagar
Puducherry 605 009
11.Directorate of Science, Technology
and Environment (DSTE)
Represented by its Director
III Floor, PHB Building
Anna Nagar, Near Indira Gandhi Statue
Puducherry 605 005
12.Central Ground Water Authority
Represented by its Chairman
No.15, 3rd Cross Street
Mariamman Nagar, Karamanikuppam
Puducherry 605 004
13.The Deputy Collector
Department of Revenue &
Disaster Management (Rev)
I-Floor, New Collectorate Building
Vazhudavoor Road, Pettaiyanchathiram
Puducherry 605 009
14.The Secretary
Ministry of Environment, Forest and
Climate Change
Indira Paryavaran Bhawan, Jorbagh
New Delhi 110 003
15.The Secretary
Ministry of Jal Sakthi
Department of Water Resources
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W.P.No.33775 of 2022
Rafi Marg
New Delhi 110 001
16.The Chairman/Member Secretary
Central Ground Water Authority
No.18/11, Jam Nagar House
Mansingh Road
New Delhi 110 011
17.M/s. KALS Breweries Private Limited
Represented by Chairman/Managing Director
Mr.S.Vasudevan
Registered Office at No.23/5, Thanikachalam Road
Parthasarathi Puram
T.Nagar, Chennai, Tamil Nadu 600 017
18.M/s. SNJ Distilleries Private Limited
Represented by its Managing Director
Geetha Jayamurugan
Registered Office at 99, Canal Bank Road
Srirampet, CIT Nagar West, Nandanam
Chennai, Tamil Nadu 600 035
19.M/s. KALS Distilleries Private Limited
Represented by Chairman/Managing Director
Mr.S.Vasudevan
Registered Office at No 23/5, Thanikachalam Road
Parthasarathi Puram
T.Nagar, Chennai, Tamil Nadu 600 017
20.M/s. Blue Ocean Beverages Private Limited
Represented by Managing Director
Joseph Punchekkunnel Cheriyachan George
Registered office at Margao Industrial Estate
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W.P.No.33775 of 2022
Plot No.A1, Phase II, Sao Jose De Areal
Goa 403 709
21.M/s. Shashi Distilleries Private Limited
Represented by Managing Director Mr.Jagan Viswathanan
Registered Office at 67/1, Hulimavu Village
Bannerghatta Road
Bangalore 560 076, Karnataka .. Respondents
Petition under Article 226 of the Constitution of India, praying for
issuance of a Writ of Certiorarified Mandamus, calling for the records
relating to impugned Circular No.1215/DCE/DT/IMFL/2021-22 dated
18.05.2022 issued by the 6th respondent namely the Deputy Commissioner
(Excise), Government of Puducherry and quash the same and consequently
direct the official respondents to take appropriate action for shutting down
of all water based industries/companies which are functioning in U.T. of
Puducherry and sucking/extracting Ground Water for their business needs
illegally, unlawfully and unlimitedly without any valid licence/permission
from Competent Authorities concerned and also direct the official
respondents to implement system of installation of meter and display
signage in all water based industries/companies including existing
Distilleries in U.T. of Puducherry clearly visible from a public thoroughfare
indicating the sources of water used for their industries/companies and
volumes of water extracted from ground per day and upload the said details
official portal of Puducherry Water Authority by strictly implementing the
Pondicherry Ground Water (Control and Regulation) Act, 2002 so as to
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W.P.No.33775 of 2022
avoid drawing of ground water exceeding their permissible ceiling limit.
For Petitioner :: Mr.R.Singaravelan
Senior Counsel for
Mr.Prakash Adiapadam
For Respondents :: Mr.K.Srinivasamurthy for R1
Mr.V.Vasanthakumar
Additional Government Pleader
for R2 to R13
Mr.F.Camilus Selva
for the applicant in O.A.No.140/2022
before the National Green Tribunal,
Southern Zone, Chennai
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Mr.K.Muthukumaran, Son of Mr.Kannan, a resident of New Colony, Setharapet, Puducherry has filed this writ petition challenging the impugned Circular No.1215/DCE/DT/IMFL/2021-22 dated 18.05.2022 issued by the Deputy Commissioner (Excise), Government of Puducherry, the 6th respondent herein informing that the Excise Department, Puducherry has proposed to consider the applications for grant of fresh licence for establishing Blending and Bottling units in the Union Territory of ____________ Page 6 of 14 https://www.mhc.tn.gov.in/judis W.P.No.33775 of 2022 Puducherry as a revenue augmentation and employment generation measure, to quash the same with a consequential direction to the official respondents to take appropriate action for shutting down of all water based industries/companies which are functioning in U.T. of Puducherry and sucking/extracting Ground Water for their business needs illegally, unlawfully and unlimitedly without any valid licence/permission from Competent Authorities concerned and also direct the official respondents to implement system of installation of meter and display signage in all water based industries/companies including existing Distilleries in U.T. of Puducherry clearly visible from a public thoroughfare indicating the sources of water used for their industries/companies and volumes of water extracted from ground per day and upload the said details official portal of Puducherry Water Authority by strictly implementing the Pondicherry Ground Water (Control and Regulation) Act, 2002 so as to avoid drawing of ground water exceeding their permissible ceiling limit..
2. When Mr.R.Singaravelan, learned Senior Counsel appearing for ____________ Page 7 of 14 https://www.mhc.tn.gov.in/judis W.P.No.33775 of 2022 the petitioner, citing the ratio laid down by the Hon'ble Apex Court in the case of Madhya Pradesh High Court Advocates Bar Association and another v. Union of India and another reported in 2022 LiveLaw (SC) 495 inter alia holding that the provisions of the National Green Tribunal Act, 2010 neither impliedly nor explicitly ousted the jurisdiction of the High Courts under Article 226 and 227 of the Constitution of India and the power of judicial review remains intact and unaffected by the National Green Tribunal Act, almost opened up his arguments on the merits of the matter, Mr.V.Vasanthakumar, learned Additional Government Pleader appearing for the respondents 2 to 13, taking leave of this Court to raise a preliminary objection with regard to the maintainability of the writ petition under Article 226, contended that the petitioner's writ petition is not maintainable, as he has to go only before the National Green Tribunal, Southern Zone, Chennai.
3. Mr.F.Camilus Selva, learned counsel appearing for the applicant in O.A.No.140 of 2022 pending on the file of the National Green Tribunal, Southern Zone, Chennai also submitted that the said original application has ____________ Page 8 of 14 https://www.mhc.tn.gov.in/judis W.P.No.33775 of 2022 been filed challenging the very same impugned Circular dated 18.05.2022 and the matter has been posted for hearing on 23.12.2022.
4. Having heard the learned counsel appearing for the parties, considering the fact that the petitioner's writ petition raises the only question relating to environment, namely, the extraction of groundwater and considering the stand taken by the respondents 2 to 13 before this Court that only the National Green Tribunal, Southern Zone, Chennai has got the jurisdiction, without going into the merits of the matter, we hereby direct the petitioner to approach the National Green Tribunal, Southern Zone, Chennai to espouse his grievance.
5. Mr.R.Singaravelan, learned Senior Counsel appearing for the petitioner, however, submitted that if the original application is filed instantaneously, considering the urgency, the matter need not be unnecessarily adjourned, therefore, a direction be issued to the parties not to take frequent adjournment.
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6. We refrain from issuing the direction as sought for, since it is for the National Green Tribunal, Southern Zone, Chennai to consider the plea of adjournment, if any, made by the parties. The writ petition stands disposed of with the above liberty granted to the petitioner in para-4.
Consequently, W.M.P.Nos.33286, 33287 & 33288 of 2022 are closed.
There shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.)
Index : yes/no 19.12.2022
ss
To
1. The Administrator/Lt.Governor of U.T.of Puducherry Raj Nivas Puducherry 605 001
2. The Chief Secretary Government of Puducherry Chief Secretariat, Goubert Avenue Puducherry 605 001 ____________ Page 10 of 14 https://www.mhc.tn.gov.in/judis W.P.No.33775 of 2022
3. The Secretary to Government (Revenue) Government of Puducherry Chief Secretariat, Goubert Avenue Puducherry 605 001
4. The District Collector-cum-
Secretary to Government (Excise) Government of Puducherry Office of the District Collector I Floor, New Collectorate Building Vazhudavoor Road, Pettaiyan Chathiram Puducherry 605 009
5. The Secretary to Government-cum- Commissioner (Excise) Government of Puducherry Chief Secretariat, Goubert Avenue Puducherry 605 001
6. The Deputy Commissioner (Excise) Office of the Deputy Commissioner (Excise) Industrial Estate Road Thattanchavady Puducherry 605 008
7. The Director Directorate of Industries and Commerce Industrial Estate, Thattanchavady Puducherry-605 009
8. The Commissioner Puducherry Town and Country Planning Jawahar Nagar, Boomianpet Puducherry 605 005 ____________ Page 11 of 14 https://www.mhc.tn.gov.in/judis W.P.No.33775 of 2022
9. The Director Industrial Guidance Bureau (IGPB) Industrial Estate, Thattanchavady Puducherry 605 009
10.The Chief Inspector of Factories (CIF) Labour Complex Building Vazhudavoor Road, Gandhinagar Puducherry 605 009
11.The Director Directorate of Science, Technology and Environment (DSTE) II Floor, PHB Building Anna Nagar, Near Indira Gandhi Statue Puducherry 605 005
12.The Chairman Central Ground Water Authority No.15, 3rd Cross Street Mariamman Nagar, Karamanikuppam Puducherry 605 004
13.The Deputy Collector Department of Revenue & Disaster Management (Rev) I-Floor, New Collectorate Building Vazhudavoor Road, Pettaiyanchathiram Puducherry 605 009
14.The Secretary Ministry of Environment, Forest and Climate Change Indira Paryavaran Bhawan, Jorbagh New Delhi 110 003 ____________ Page 12 of 14 https://www.mhc.tn.gov.in/judis W.P.No.33775 of 2022
15.The Secretary Ministry of Jal Sakthi Department of Water Resources Rafi Marg, New Delhi 110 001
16.The Chairman/Member Secretary Central Ground Water Authority No.18/11, Jam Nagar House Mansingh Road New Delhi 110 011 ____________ Page 13 of 14 https://www.mhc.tn.gov.in/judis W.P.No.33775 of 2022 THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
ss W.P.No.33775 of 2022 19.12.2022 ____________ Page 14 of 14 https://www.mhc.tn.gov.in/judis