2025:KER:29829 WP(C) No. 22193 of 2017 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 22193 OF 2017 PETITIONERS: 1 MUMTHAS, AGED 56 YEARS, W/O. SHRI.MUHAMMED, MANAGING PARTNER, M/S.HIGHWAY ICE FACTORY, EDASSERY, THALIKKULAM.P.O., RESIDING AT PAMBINEZHATH HOUSE, VADANAPPALLY. P.O., GANESHAMANGALAM, THRISSUR-680614 *ADDL.R2 AJITH PRASAD , THARAYIL HOUSE, S/O SRI. VELAPPAKUTTY RESIDING AT THARAYIL HOUSE, EDAMUTTAM P.O., THRISSUR 680 568 * ADDL.P2 IS IMPLEADED AS PER ORDER DATED 25.03.2025 IN I.A.NO.1/2025 IN WP(C)22193/2017. BY ADV MILLU DANDAPANI RESPONDENTS: 1 THALIKULAM GRAMA PANCHAYAT, THALIKULAM.P.O., THRISSUR DISTRICT-680569, REPRESENTED BY ITS SECRETARY 2 THE SECRETARY, THALIKKULAM GRAMA PANCHAYATH, THALIKULAM.P.O., THRISSUR DISTRICT-680569. *ADDL.R3 THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, POONKUNNAM, THRISSUR-680002. 2025:KER:29829 WP(C) No. 22193 of 2017 -2- * ADDL.R3 IMPLEADED AS PER ORDER DATED 4.8.2017 IN I.A.NO.12419/2017 R1&R2 ADVS.S.U.NAZAR B.H.MANSOOR ADDL.R3 SMT.SURYA BINOY, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29829 WP(C) No. 22193 of 2017 -3- MOHAMMED NIAS C.P., J. -------------------------------------------- W.P.(C) No.22193 of 2017 ------------------------------------------- Dated this the 7th day of April, 2025 JUDGMENT The petitioner is stated to be the Managing Partner of M/s.Highway Ice Factory, functioning within the limits of 1st respondent Panchayat. The petitioner is aggrieved by the issuance of Ext.P10 dated 28.06.20217, directing the petitioner to stop the functioning of the ice plant, stating that a licence for running the same will be granted only after getting the requisite permission from the Ground Water Department. 2. An interim order was passed on 08.08.2019 directing the Panchayat to issue a provisional licence for three months. Thereafter, by order dated 11.04.2019, based on the submission made by the learned Government Pleader that a yield test is to be conducted in the Filter Point Well in the petitioner's premises before considering the question of grant of approval by the Ground 2025:KER:29829 WP(C) No. 22193 of 2017 -4- Water Department, orders were issued directing to conduct a yield test at the expense of the petitioner. 3. It is submitted by the learned Government Pleader that a yield test was conducted in the year 2018, and as per the report dated 18.06.2018, the recommended yield of the well was 3000 litres per day. The pumping rate was 1500 litres per hour. The recommended maximum pumping water level was 3.25 M BGL, and the depth of pump installation was 5.00 M BGL. 4. The learned counsel for the petitioner submits that he has been running the business on the strength of the interim order passed by this Court and also based on the yield test conducted in the year 2018. The learned counsel for the petitioner also submits that there has been a transfer of ownership, and the present owner of the factory in question has already been impleaded as per the order dated 25.03.2025 in I.A.No.1 of 2025. 5. As pointed out in the counter affidavit filed on behalf of the additional 3rd respondent, an ice factory comes under the Industrial category and the clearance for the extraction of 2025:KER:29829 WP(C) No. 22193 of 2017 -5- groundwater for the same is regulated as per the guidelines proposed by the Ministry of Water Resources, Government of India. For the evaluation of these projects, the District Level Evaluation Committee (for short, 'the DLEC') has been constituted in each district, and the District Collector is the Chairman of the Committee. The counter affidavit also points out the ill effects of any uncontrolled drafting of ground water, which may affect the aquifer system extending to the whole area, resulting in hydraulic continuity. 6. Though the prayer in the writ petition is challenging Ext.P10 and that respondents 1 and 2 cannot insist on the permission from the State Ground Water Authority to renew the licence under the Kerala Panchayat Raj Act, I am not inclined to grant the prayers as such. 7. Since it is noticed that the yield test was conducted in the year 2018, to protect the interest of all parties concerned, a fresh yield test has to be conducted. 2025:KER:29829 WP(C) No. 22193 of 2017 -6- Accordingly, the writ petition is disposed of with the following directions: 1) There will be a direction to the petitioner to make an appropriate application with the requisite fee before the 3rd respondent for the conduct of a yield test in the Filter Point Well in question within two weeks from today. 2) On receiving the application, the 3rd respondent shall conduct the yield test at the earliest and at any rate within three weeks from the date of receipt of the application. 3) The yield test shall be conducted in accordance with the Department guidelines, and the findings shall be provided to the DLEC, who, in turn, shall submit the same to the State Level Evaluation Committee (for short, 'the SLEC') for final approval. 2025:KER:29829 WP(C) No. 22193 of 2017 -7- 4) The entire process as directed above shall be completed within six weeks from today. 5) On the basis of the approval by the SLEC, respondents 1 and 2 will consider the application for trade licence if an appropriate application is made by the petitioner. 6) Orders shall be passed by respondents 1 and 2 within thirty days from the date of receipt of application from the petitioner, after getting the approval from the SLEC as directed above. 7) Till orders are passed by the Panchayat as directed above, the status quo as of today shall be maintained. Sd/- MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:29829 WP(C) No. 22193 of 2017 -8- APPENDIX OF WP(C) 22193/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF PAYMENT REGISTRATION BEARING NO.09/09/09307/92/PMT/SSSBE/ DATED 17.1.1992 ISSUED BY THE DISTRICT INDUSTRIES CENTRE, THRISSUR IN FAVOUR OF M/S.HIGHWAY ICE FACTORY EDASSERY. EXHIBIT P2 TRUE COPY OF D&O LICENCE NO. B4/15-16/304 DATED 6.6.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE REPORT OF HEALTH INSPECTOR OF THALIKULAM PRIMARY HEALTH CENTRE DATED 30.7.2012 EXHIBIT P4 TRUE COPY OF THE CASH RECEIPT BEARING NO .11501105469 DATED 15.2.2016 EVIDENCING OF FEE TOWARDS RENEWAL EXHIBIT P5 TRUE COPY OF THE CONSENT TO OPERATE, BEARING NO.PCB/DO/TSR/F/IC/1147/2010 DATED 15.7.2010 ISSUED EXHIBIT P6 TRUE COPY OF THE RENEWED INTEGRATED CONSENT TO OPERATE,DATED 12.9.2016 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT, DATED 1.3.2017, IN WPC NO.34934/2016 N EXHIBIT P8 TRUE COPY OF COMMUNICATION BEARING NO.A1.6346/2016 DATED 18.3.2017 ISSUED BY THE 2ND RESPONDENT, REFERRED TO IN THE WRIT PETITION. 2025:KER:29829 WP(C) No. 22193 of 2017 -9- EXHIBIT P9 TRUE COPY OF THE HEARING NOTICE, BEARING NO. B3-3496/17 DATED 16.6.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P10 TRUE COPY OF THE NOTICE BEARING NO. 3496/2017 DATED 28.6.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, PONKUNNAM, THRISSUR-2 DATED 01.07.2017 EXHIBIT P11(A) TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE APPLICATION/ REPRESENTATION ISSUED BY THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, THRISSUR EXHIBIT P12 TRUE COPY OF THE APPLICATION PREFERRED THIS YEAR FOR THE YEAR 2019-2020 ON 25.02.2019 EXHIBIT P13 TRUE COPY OF THE LETTER DATED 02.03.2019 ALONG WITH THE RETURN OF THE DEMAND DRAFT EXHIBIT P14 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 30.04.2018 BEARING NO.DGT/4081/2017