Kerala Bottled Water Manufactures Association vs The Secretary

A.M. Shaffique, J.—The petitioner is an association of Kerala Bottled Water Manufacturers. 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 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.

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, 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.