Madras High Court
M/S.Pavithra Aqua Tech vs The District Collector on 13 July, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.7.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.14230 of 2018
and
W.M.P.Nos.16804 & 16805 of 2018
1 M/s.Pavithra Aqua Tech
Rep. by its Partner Mr.V.S.Gopinath,
No.104 & 131 Kanniamman Nagar,
Vadaperumbakkam Village,
Puzhal Block, Madhavaram Taluk,
Thiruvallur District. ... PETITIONER
Vs.
1 The District Collector
Thiruvallur District Thiruvallur.
2 The Chief Engineer WRD/PWD
State Ground & Surface Water Resources Data Centre,
Tharamani Chennai-600 113.
3 The Tahsildar
Madhavaram Taluk, Madhavaram, Chennai.
4 The Asssitant Engineer(O&M),
TANGEDCO, Vadaperumbakkam,
Thiruvallur District. ... RESPONDENTS
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari Mandamus, Calling for the records of the 3rd respondent and quash the notice dated 16.05.2018 of the 3rd respondent as the same in per se illegal perverse arbitrary sham nominal biased untenable smacks of malafide and colourable exercise of power and consequently direct the respondents not to proceed further on the Notice dated 16.05.2018 of the 3rd respondent and further de-seal the petitioner Unit (Pavithra Acqua Tech) situated at No.104 & 131 Kanniamman Nagar Vadaperumbakkam Village, Madhavaram Taluk, Chennai-600 060 Thiruvallur District.
For Petitioner : Mrs.Hemalatha Suresh
For Respondents 1 to 3 : Mr.D.Suryanarayanan, A.G.P.
For Respondent No.4 : Mr.P.R.Dhilipkumar, Standing counsel
*****
O R D E R
The learned counsel for the writ petitioner has submitted that the impugned order issued by the Tahsildar, Madhavaram against the petitioner is liable to be set aside since he is not the competent authority to issue the same. The Chief Engineer, Public Works Department, Water Research Organization, State Ground & Surface water Resources Data Centre, Taramani, Chennai 600 113 is the competent authority to issue such order. Therefore, the impugned order issued by the Tahsildar, Madavaram is liable to be set aside.
2. The learned Special Govt. Pleader appearing for the respondents 1 and 2 fairly submitted that the 2nd respondent herein have no jurisdiction to issue the impugned order. It should have been issued by the Managing Director, Chennai Metropolitan Area Ground Water (Division), CMWSB, Chennai. He has also submitted that after taking water from their own place or any other place, they should also apply and get ground water clearance certificate from the Chief Engineer, State Ground and Surface Water Resources Data Centre, Taramani, Chennai as per G.O.Ms.113, dated 9.6.2016 based on the hydro-geological conditions.
3. Heard both sides. The impugned notice issued by the Tahsildar, Madhavaram Taluk against the petitioners under the Tamilnadu Groundwater (Development and Management) Act, (Tamilnadu Act 3 of 2003) is liable to be set aside. The Managing Director, Chennai Metropolitan Area Ground Water (Division), CMWSB, Chennai is the competent authority. In the counter affidavit filed by the Tahsildar, Madhavaram taluk, it is admitted that error had occurred while issuing the impugned notice. In the impugned notice, it is wrongly mentioned that "The Tamilnadu Groundwater (Development & Management) Act, (Tamilnadu Act 3 of 2003) instead of Chennai Metropolitan Area Groundwater Regulation, 1987, inadvertently. It is also submitted that the former act was already repealed in the year 2013 and the later act is still in force. He has also tendered unconditional apology for the error occurred while issuing the impugned notice.
4. In such view of the matter, the impugned order, dated 19.05.2018 passed by the Tahsildar, Madhavaram Taluk is set aside. The petitioners are directed to approach the Managing Director, Chennai Metropolitan Area Ground Water (Division) CMWSSB, who is the competent authority to issue such order. The petitioners are given four weeks time to obtain Ground Clearance Certificate from the Managing Director, Chennai Metropolitan Area Ground Water (Division) CMWSSB. Since the petitioners are not drawing water, they have to apply before the Managing Director, Chennai Metropolitan Area Ground Water (Division), CMWSSB, Chennai. The petitioner has also obtained license from Food Safety & Standards Authority of India by order, dated 24.3.2018 and the same is valid till 24.3.2019. Counsel for the petitioner has submitted that the petitioner's application is still pending with the respondents. Therefore, the petitioner is directed to approach the Managing Director, Chennai Metropolitan Area Ground Water (Division) CMWSSB with fresh application along with License issued by the FSSI irrespective of other NOC obtained by the petitioner, enclosing copy of this order, within a period of one week. On receipt of the said application, the Managing Director, Chennai Metropolitan Area Ground Water (Division) CMWSSB shall consider the same and pass appropriate orders on merit within a period of four weeks thereafter. Till such time, the petitioner is permitted to carry on the drinking water transport business.
5 Accordingly, the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.
13.7.2018
Speaking/Non Speaking order
Index: Yes/No
vaan
To
1 The District Collector
Thiruvallur District Thiruvallur.
2 The Chief Engineer WRD/PWD
State Ground & Surface Water Resources Data Centre,
Tharamani Chennai-600 113.
3 The Tahsildar
Madhavaram Taluk, Madhavaram, Chennai.
4 The Asssitant Engineer(O&M),
TANGEDCO, Vadaperumbakkam,
Thiruvallur District.
W.P.No.14230 of 2018
T.RAJA, J.
The matter is listed today under the caption for being mentioned at the instance of the learned counsel for the petitioner. The learned counsel for the petitioner brought to the notice of the Court that in paragraph-4 of the order, the date of the impugned order has been inadvertently mentioned as 19.5.2018, instead of 16.5.2018. Secondly, when the No Objection Certificate issued to the petitioner has already been renewed for drawal of ground water by the Chief Engineer, State Ground & Surface Water Resources Data Centre, PWD, Tharamani, Chennai for the period from 4.3.2018 to 3.3.2019, the order directing the petitioner to approach the Managing Director, Chennai Metropolitan Area Ground Water (Division), CMWSSB with a fresh application is unnecessary.
2. Heard the learned Special Government Pleader for the respondents 1 to 3 also.
3. Hence, paragraphs-4 & 5 of the order dated 13.7.2018 shall be read as follows:-
4. In such view of the matter, the impugned order dated 16.05.2018 passed by the Tahsildar, Madhavaram Taluk is set aside. Since the petitioner has obtained license from Food Safety & Standards Authority of India by order dated 24.3.2018, which is valid till 24.3.2019 and has also renewed the No Objection Certificate for drawal of total quantity of 25,000 LPD ground water from the borewell in SF No.146/2 at Vadaperumbakkam, Puzhal for the purpose of packaged drinking water, which is valid from 4.3.2018 to 3.3.2019, the petitioner is permitted to carry on the drawal of water.
5. Accordingly, the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 01.08.2018 Registry to issue the amended copy of the order to the parties ss T.RAJA, J.
ss W.P.No.14230 of 2018 and W.M.P.Nos.16804 & 16805 of 2018 01.08.2018