The Hindu : HC declines to stay order on Coke unit

Online edition of India's National Newspaper
Tuesday, Mar 09, 2004

Kerala

Kerala

HC declines to stay order on Coke unit

By Our Staff Reporter

KOCHI, MARCH 8. A Division Bench of the Kerala High Court today refused to stay the Government Order prohibiting the Coca-Cola plant at Plachimada in Palakkad district from drawing groundwater from the wells at its plant till the onset of the southwest monsoon.

The Bench, comprising Justice Cyriac Joseph and Justice K. Padmanabhan Nair, observed that prima facie, the Bench had no reasons to doubt the bona fides of the order issued "to protect people's right" to drinking water and in view of the acute drought situation in the area. The difficulties of the people deserved more consideration than those experienced by the soft drink plant owing to its closure for a few days, if such a situation became inevitable.

The Bench said the contention of the company that the drawing of groundwater would not affect the availability of drinking water in the area could not be considered at this stage, as it required a detailed study with reference to the relevant facts and figures and scientific data.

Regarding the contention that there was a "hostile discrimination" against the Coca-Cola plant — as no action had been taken against similar companies/factories in Palakkad district — the court observed there were no sufficient grounds for granting stay on this count. The factual basis of the allegations had to be ascertained in the light of the Government's contention that the situation in Chittur taluk (where the company is located) was "worse than" in other taluks in the district. Even if there was any substance in the allegations, the court was prima facie of the view that the Government must be directed in public interest to take action against such companies/factories, instead of lifting the ban on the Coca-Cola plant. The court said, ``The cure cannot be worse than the disease". Regarding the charge of ``hostile discrimination'', the court's "anxiety should be to minimise the hardships of the people and not to aggravate them."

The Bench said it was not prima facie impressed by the argument that its earlier interim order in another case had stood in the way of the Government passing the ban order. In fact, the issue in that case was the action of the Perumatty grama panchayat in cancelling the company's licence. However, the issue in the present writ petition filed by the company was the action of the Government in prohibiting the drawing of groundwater. The court directed the Government and the panchayat to file counter-affidavits within 10 days. The petition was posted to March 23 for further hearing.

Printer friendly page
Send this article to Friends by E-Mail

Kerala

News Update

Stories in this Section

HC declines to stay order on Coke unit

Selection of rights panel members: court seeks files

Arrangements complete for higher secondary exams

Huge ST default by online lottery firms: VS

Two seats may become bone of contention in Congress

LDF seeks ban on Advani's rath yatra

A. Vijayaraghavan is LDF nominee for Rajya Sabha poll

Film production activity comes to a standstill

Commission

VS parries questions on party `row'

`Film stars to join BJP today'

Briefly