The Hindu : Pepsi's plea dismissed

Online edition of India's National Newspaper
Tuesday, Mar 23, 2004

Kerala

Kerala

Pepsi's plea dismissed

By Our Staff Reporter

KOCHI, MARCH 22. A Division Bench of the Kerala High Court today dismissed an appeal filed by Pepsico India Holdings Private Limited against a single judge's interim order upholding the competence of the Pudussery panchayat to prevent extraction of ground water by the company.

The Bench comprising Justices Cyriac Joseph and K. Padmanabahan Nair dismissed the appeal, as the question over the power of the panchayat to cancel the licence was already pending before the Bench.

By his interim order, the single judge had also referred to the Division Bench the issue whether the Panchayat had the power to cancel the licence of a company, which had been granted a licence by the single window clearance board. According to the company, the Pudussery panchayat had no jurisdiction to issue notice for cancelling its licence. In fact, the licence had been granted to the company by the single window clearance board constituted under the Kerala Industries Single Window Clearance Board and Industrial Township Area Development Act. Without getting the consent of the Board, the panchayat could not revoke the licence given to the company.

Substandard

chocolates

A Bench comprising Justices N. K. Sodhi and K.K. Dinesan was informed by the State Government that of the 114 samples of chocolate bars collected from various place, 17 were found worm-infested and substandard.

The submission was made when a writ petition filed by Jeo Winston of Thiruvananthapuram, seeking to seize all the substandard chocolate bars from all the shops in the State came up before the Bench. According to him, 35 bars in 25 gm packs bought by him in October 16, 2003, contained a large number of worms. Although he had lodged a complaint with the Health Director, no efforts had been made to inspect the shops and seize the substandard chocolates.

The court also directed the State Government and the Health Services Director to file an affidavit within six weeks regarding the steps taken so far to monitor the sale of sub-standard chocolate bars.

VS' plea: `interim order applicable'

The Bench today observed that that the interim order restraining the two newly appointed States Human Rights Commission members from functioning would be "operative" in the case filed by the Opposition leader, V.S.Achuthananandan, as well. The court made the observation on a clarification petition filed by the Opposition leader.

Guidelines for sports quota

Justice C.N. Ramachandran Nair directed the Government to issue guidelines regarding the sports events that should be recognized and also the minimum level of achievement to make a candidate eligible for admission to sports quota in professional courses.

The Judge made the observation while disposing a writ petition filed by Blessy Job, a wrestling champion. She won the first price in the championship conducted by the Kerala Wresting Association for the 65-kg category. The Kerala Sports Council had been directed to issue eligibility certificate within two weeks if found eligible. Her plea for admission to professional courses under sports quota was rejected on the ground that the Sport Council had not recognized the Association.

BJP workers acquitted

A Division Bench of the Kerala High Court today set aside the Thiruvananthapuram Additional Session court's order sentencing five Bharatiya Janata Party activists for murdering two workers of the Communist Party of India (Marxist). According to the prosecution, Divakaran Nair and Mohanan Nair were killed by the accused on October 30, 1990 at 10.45 p.m. when they were making arrangements for holding a human chain. One of the accused, Kumaran, had committed suicide even as the case was pending before the trial court.

Government files appeal

The Government has filed an appeal against the single judge's order allowing the Marad Commission to peruse the State Intelligence Reports collected in connection with the Marad incidents.

Construction stayed

The court restrained the Public Works Department, Thrissur, from constructing compound wall for the courts in Thrissur, blocking access to the court from Thrissur-Shornur Road.

Petition dismissed

A Bench today dismissed a writ petition challenging the appointment of 20 candidates to the posts of munsif-magistrates.

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