HC quashes GO allowing company to set up brewery at Elappully

HC quashes GO allowing company to set up brewery at Elappully

Kerala


The Kerala High Court on Friday quashed a government order (GO) that had accorded preliminary sanction to a private firm to establish an ethanol plant for a brewery at Elappully in Palakkad district.

A Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar quashed the order, while considering a batch of public interest litigations (PIL) that challenged the setting up of the plant in the area. The court observed that many aspects that the government considered while according preliminary sanction were not factually correct.

The firm had submitted an application in November 2023 to the Excise Commissioner, seeking permission to install a 500- KL capacity ethanol plant and an IMFL bottling unit, among others, at the site. Subsequently, the government granted preliminary sanction.

Water shortage

The petitioners contended that the sanction was granted on the basis of factually incorrect inputs, including that the unit was going to be established at the Kanjikode industrial area that is located around 5 km from Elappully. In addition, the Kerala Water Authority (KWA) agreed to provide water, despite the concern that this would imperil water availability in the area. Moreover, statutory licences were not obtained from the panchayat.

While allowing the PILs and quashing the GO, the court clarified that the government was not precluded from making a fresh consideration of any application if made.

Chennithala hails order

Meanwhile, Congress leader and member of the Congress Working Committee Ramesh Chennithala has wholeheartedly welcomed the High Court order denying permission to the brewery. Mr. Chennithala said that it gives him immense satisfaction that the agitation he had led as the then Leader of the Opposition, against the government’s move to grant licences to breweries and distilleries, was accruing results.

He said that the government’s move to grant the licence for the brewery was part of a larger conspiracy to hand over the State to the liquor lobby.



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