HC sets aside Panchayat's cancellation of Pepsi license
The court also said the industry was located in an industrial area notified as Integrated Industrial Townships.
By PTI |
Kochi: The Kerala High Court on Tuesday quashed an order of the Puthussery panchayat cancelling the license of softdrinks major Pepsi's plant at Kanjikode in Palakaad district.
A Division Bench, comprising Acting Chief Justice K S Radhakrishnan and Justice M N Krishnan, allowing the writ petition filed by Pepsico India Holdings Pvt Ltd, said the panchayat had no jurisdiction under the Kerala Panchayat Raj Act in the matter of issuing, renewal or cancellation of license since the area had been excluded from the Act's purview.
The court also said the industry was located in an industrial area notified as Integrated Industrial Townships.
In 2003, the panchayat cancelled the plant's license, alleging that excessive groundwater was being utilised by it.
The judges said the courts cannot be blamed for this predicament. Legislature and executive in their wisdom excluded the industrial area from the Act's purview.
A Division Bench, comprising Acting Chief Justice K S Radhakrishnan and Justice M N Krishnan, allowing the writ petition filed by Pepsico India Holdings Pvt Ltd, said the panchayat had no jurisdiction under the Kerala Panchayat Raj Act in the matter of issuing, renewal or cancellation of license since the area had been excluded from the Act's purview.
The court also said the industry was located in an industrial area notified as Integrated Industrial Townships.
In 2003, the panchayat cancelled the plant's license, alleging that excessive groundwater was being utilised by it.
The judges said the courts cannot be blamed for this predicament. Legislature and executive in their wisdom excluded the industrial area from the Act's purview.
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