Kerala Bottled Water Manufactures Association Vs. the Secretary, Ministry of Food and Civil Supplies - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY,THE2D DAY OF JUNE201412TH JYAISHTA, 1936 WP(C).No. 1435 of 2014 (D) -------------------------------------------- PETITIONER(S): -------------------------- KERALA BOTTLED WATER MANUFACTURES ASSOCIATION, EASTERN CORPORATE OFFICE, NH BYPASS, EDAPPALLY, COCHIN-682 024. REPRESENTED BY ITS PRESIDENT SHRI.M.E.MOHAMMED. BY ADVS.SRI.JOY THATTIL ITTOOP SRI.A.G.ADITYA SHENOY SRI.K.M.BIJU RESPONDENT(S): ---------------------------- 1. THE SECRETARY, MINISTRY OF FOOD AND CIVIL SUPPLIES, CONSUMER PROTECTION & REGISTRATION, IIND FLOOR, NORTH BLOCK, SECRETARIAT,TRIVANDRUM-695 001.

2. THE FOOD SAFETY COMMISSIONER, GOVERNMENT OF KERALA, COMMISSIONERATE OF FOOD SAFETY, THYCAUD P.O THIRUVANANTHAPURAM - 695 014.

3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, CHIEF MINISTER'S OFFICE, SECRETARIAT, TRIVANDRUM-695 001. R1 - R3 BY SRI.JOSEPH GEORGE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0206-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 1435 of 2014 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------------- EXT.P1 - TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION. EXT.P2 - COPY OF THE LETTER DATED2810-2013 SUBMITTED BEFORE THE3D RESPONDENT. RESPONDENT(S)' EXHIBITS - NIL ----------------------------------------- //TRUE COPY// P.A TO JUDGE A.M.SHAFFIQUE, J.

--------------------------------------- W.P.C.No.1435 OF2014--------------------------------------- Dated this the 2nd June, 2014 JUDGMENT

The petitioner is an association of Kerala Bottled Water Manufactuters. According to them, various bottlers of packaged drinking water or bottled drinking water are indulging in unfair trade practice on account of the fact that the Maximum Retail Price (MRP) is differently shown by different manufacturers. Unless the Government takes decision to fix the price for bottled or packaged drinking water, there will be large scale manipulation by other bottlers. According to the petitioners, the MRP has to be fixed at Rs.15/- per litre and hence the petitioner has sought for the following reliefs. "i. Issue a writ of mandamus or other appropriate writ order or direction directing the 1st 2nd and 3rd respondents to take appropriate steps to fix the Maximum Retail Price (MRP) at Rs. 15/-per 1 Liter bottled and package drinking water through out the State of Kerala. ii. Issue a writ of mandamus or other appropriate writ order or direction directing the 1st 2nd and 3rd respondents to take appropriate steps/action for orders to curb and end the production of low quality and untreated packaged W.P.C.No.1435 OF20142 drinking water by the unlicensed manufacturers operating unscrupulously in the State and further to take effective measures and steps to bring a uniformity in the price and sale of bottled and packaged water. iii. Issue a writ of mandamus or other appropriate writ order or direction directing the 1st 2nd and 3rd respondents to consider and pass appropriate orders on Exhibit P2, in accordance with law, within a fixed period as found proper and reasonable by this Honourable Court, after affording an opportunity of being heard to the petitioner.

2. Pricing of water is not regulated. In fact, there is no regulation for pricing any product as matters stand now, unless the Government takes a policy decision in that regard. Only for certain commodities that too essential commodities price has been fixed by the Government. As far as other commodities are concerned, MRP is fixed by the manufacturer of the product and only restriction is that they have to show the MRP in the package or bottle as the case may be. The petitioner cannot insist that uniform standard is to be maintained in regard to the fixation of MRP as different manufacturers will have their own manufacturing facilities or marketing facilities by which they may have to charge either more or less than a fixed price. However, W.P.C.No.1435 OF20143 when it concerns drinking water, it is purely a policy matter to be decided by the Government. The petitioner can as well approach the Government and seek change of policy decision. But, this Court cannot direct the Government to consider any such policy. In the said circumstances, there being no merit in the above writ petition, the same is dismissed. Sd/- A.M.SHAFFIQUE, JUDGE sd // True Copy // P.A. to Judge