The Hindu : Kerala News : Coke's petition declared infructuous

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Tuesday, Jun 01, 2004

Kerala

Kerala

Coke's petition declared infructuous

By Our Staff Reporter

KOCHI, MAY 31. A Division Bench of the Kerala High Court has declared infructuous a writ petition filed by the Coca-Cola company challenging the Government order restraining the company from drawing water from its wells in the light of the submissions that the order was operative till `Edavapathy' which fell on May 29.

The Bench comprising Justice Cyriac Joseph and Justice K. Padmanabhan Nair while disposing of the writ petition said that it was clear that with effect from May 29, the Government order had become infructuous. The counsel for the company also submitted that the order had become infructuous by `efflux of time' since the directions in the order were operative till the onset of monsoon. Besides, the weather experts had said that the monsoon was already on. The Additional Advocate General also pointed out that since the south-west monsoon had already started by the middle of May, the order was not operative.

While refusing the company's plea to stay the order, the court had earlier observed that prima facie it had no reason to doubt the `bona fides' of the Government stand that the order was issued `to protect the people's right' for drinking water and to tide over the difficult situation created by the drought and non-availability of water, even for basic human needs.

The difficulties of the people due to the non-availability of water `deserve more consideration than the difficulties which may be caused to the petitioner-company due to the temporary closing down of the factory for a few days, if such a closure became inevitable on account of the implementation of the ban order, the court said.

Bail granted

Justice G. Sasidharan today granted bail to P. J. Manuel, a Kochi-based lawyer who had been arrayed as an accused in a bank robbery case.

The court ordered that he be released on bail on his executing a bond for Rs. 20,000 with two solvent sureties to the satisfaction of the Magistrate court, Aluva. The allegation against the petitioner was that he had harboured the first accused in the robbery that took place in the Catholic Syrian Bank, Thrikkakara in Kochi. According to Mr. Manuel, he had gone to the Thrikkakara police station to enquire about the detention of two persons at the station. The police then arrested him and arrayed him as an accused in the case. He had no connection with the robbery case and was innocent. The three accused in the robbery case allegedly belonged to the Porattam organisation.

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