High Court · 2025

W.P.No.25894 of 2005IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 26.09.2025Coram:THE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.25894 of 2005andW.M.P.No.28292 of 2005---M/s.Shanthi Aqua Farms,Represented by its Prop.S.Mahalingam,Survey No.510/2B, Kariama Nagar,Kundrathur, Sriperumbudur Taluk,Chennai-600 069,Kancheepuram District (Chengal Pattu)Kancheepuram, Tamil Nadu... PetitionerVs.1. Union of India, represented by the Secretary to Government, Department of Consumer Affairs, Food and Public Distribution, Ministry of Consumer Affairs, New Delhi.2. Bureau of Indian Standards, Manak Bhavan, No.9, Bahadur Sha Zafar Marg, New Delhi-110 002. .. RespondentWrit Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration declaring that IS 14543 : 2004 in so far as it seeks to restrict the container of packaged water in excess of five litres to be Page No. 1 / 10 https://www.mhc.tn.gov.in/judis W.P.No.25894 of 2005colourless and transparent and requiring the plastic container to conform to IS 15410 : 2003 which in turn require the plastic container to be colourless with 85% transparency and be in multiples of five litres, to be arbitrary, unconstitutional and otherwise null and void. For petitioner : Mr.M.Selvam for M/s.B.SivakumarFor respondents: No appearanceORDERThe petitioner has filed the above Writ Petition praying for issuance of a Writ of Declaration declaring that IS 14543 : 2004 in so far as it seeks to restrict the container of packaged water in excess of five litres to be colourless and transparent and requiring the plastic container to conform to IS 15410 : 2003 which in turn require the plastic container to be colourless with 85% transparency and be in multiples of five litres, to be arbitrary, unconstitutional and otherwise null and void. 2. The facts in a nut-shell, are as follows:(a) The petitioner is a Proprietary concern and was granted licence by the Bureau of Indian Standards on 02.08.2005 and the Licence number assigned is: CM/L - 6517976. The licence is valid from 02.08.2005 to 01.08.2006. The petitioner challenges the new standards published by the second respondent-BIS, which is nothing but the re-introduction of the same standards sought to be Page No. 2 / 10 https://www.mhc.tn.gov.in/judis W.P.No.25894 of 2005introduced in 2001 and 2003. On both the occasions, this Court granted stay of the same and the issue involved is with respect to the container to be used for packaged water of all sizes and the stipulation is that the container should be of completely colourless and transparent which is both legally and practically unsound and unachievable. (b) The business of marketing of packaged water basically comprises of two types of clientele, one is the direct consumer and the other is the bulk consumer. The direct consumer purchases the packaged water for immediate consumption and the bulk consumer purchases the packed water in containers for household, office use, etc. There are huge containers ranging from 5 litres to 25 litres. These containers for the volumes upto 5 litres such as sachets and bottles were more often than not, made of PET and PE (Poly Ethylene) or similar type of material which are light weight, throw away and invariably colourless and transparent so that the consumers could see the contents of the container.(c) In respect of the standards for quality of the containers, the second respondent had provided for certain specifications under Indian Standards No.14543 dealing with packaged drinking water. Originally, the standards introduced required that the containers shall be clean sterile, colourless and transparent and the bottles or containers shall be tamper proof and made of raw materials such as PE, PVC, PET or PBT of acceptable IS specifications. Page No. 3 / 10 https://www.mhc.tn.gov.in/judis W.P.No.25894 of 2005Subsequently, by Notification published in June 2000 issued an amendment by which, the IS specifications for packaged drinking water in IS : 14543 were amended and the expressions "colourless" and "transparent" were substituted with the single word "sterile".(d) The respondents introduced three amendments between 2001 and 2003. The first amendment was introduced to the Standards of Weights and Measures (Packaged Commodities) Amendment Rules 2001, amending the Third Schedule to the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 with effect from 29th March 2001, introducing permissible sizes in which drinking water can be packaged and sold. The second amendment was Amendment No.3 to the standard specifications of the Bureau of Indian Standards for packaged drinking water in IS 14543: 1998, which like-wise came into effect on 29th March 2001. The third was another amendment No.3 to IS: 14543 : 1998 made in 2003. (e) These amendments were challenged before this Court in W.P.No.5826 of 2001, etc. batch and this Court admitted the writ petitions and granted stay, by order dated 21.03.2001. While the writ petitions were pending, the first respondent issued a Gazette Notification dated 30.05.2001 withdrawing the specifications for the size of the containers in multiples of five litres above 10 litres and consequently, this Court dismissed the Writ Petitions as infructuous. By Page No. 4 / 10 https://www.mhc.tn.gov.in/judis W.P.No.25894 of 2005the standards impugned in the present Writ Petition, the respondents have sought to re-introduce the specifications restricting the size to multiples of five litres once again in IS : 15410 : 2003.(f) In respect of the batch of Writ Petitions in W.P.No.5827 of 2001, challenging the specifications relating to colour transparency of the containers, the Central Government and the BIS issued a circular, dated 03.10.2001 keeping the specifications in abeyance for a period of two years, i.e. till 31.07.2003.(g) Subsequently, two Committees were set up by the second respondent herein for examining various issues relating to the standards for packaged water. One of the Committees is the FAD-14 specifically formed to examine the need for revision of standards, set up an expert panel to examine the technical aspects of the specifications relating to the use of coloured/non-transparent packing material for large containers of water (more than 5 litres). In a parallel development, the manufacturers of packaging material (HDPE, Polyethylene, Polycarbonate etc.) along with the BIS also set up an expert study group, viz., PCK 21 specifically to recommend the establishment of standards in the use of packing material in containers of drinking water and other consumable. The Committees in their report, recommended the Indian Institute of Packaging, Mumbai or the Central Food Technological Research Institute, Mysore be invested Page No. 5 / 10 https://www.mhc.tn.gov.in/judis W.P.No.25894 of 2005with the study of use of blue tint containers. However, it is not known as to the further action taken by the respondents pursuant to the said recommendations.(h) Since the amendment was kept in abeyance only till 31.07.2003, thereafter, the manufacturers of packaged water were to stop using the then existing package materials, another Writ Petition was filed by the Tamil Nadu Packaged Drinking Water Manufacturers Association in W.P.No.20934 of 2003, challenging the same specifications requiring colourless and transparent materials to be used in packaging of water in all sizes and this Court admitted the writ petition on 30.07.2003 and granted interim stay. Subsequently, on the undertaking by the first respondent not to enforce the amendments for another one year, i.e. 31.07.2004, this Court closed the petition with liberty to renew the challenge if there are grievances after 01.08.2004.(i) After all the Committee reports and other deliberations, the second respondent once again published in June 2004 their first revision of the standards for IS : 14543 : 2004, wherein, once again notified that the packaging for all sizes of packaged water should, inter-alia, be colourless and transparent and that the plastic contained used therein should conform to IS specifications No.15410, which again stipulates that the plastic container should be colourless with 85% transparency and be in multiples of five litres above 5 litres. Having earlier withdrawn the provision in relation to the sizes in multiples of five litres Page No. 6 / 10 https://www.mhc.tn.gov.in/judis W.P.No.25894 of 2005after the same was stayed by this Court, there is no reason or rational to re-introduce the same in the present set of specifications.(j) The Bureau of Indian Standards permit to do packaged drinking water only in the prescribed cans to be used as said in their rules. As per the prescribed cans, the petitioner has to use bubble cans for the permitted quantity of 20 litres in the cans. Bubble top cans which have the advantages as claimed by the respondents, have disadvantages also. Use of bubble cans are un-hygienic, since they cannot be cleaned totally, whereas the cans can be cleaned totally. Hence, for the above reasons, the petitioner has filed the present Writ Petition for the relief stated supra.2. Heard the learned counsel for the petitioner and perused the materials available on record. Though notice has been served on the respondents, however, there is no appearance on their behalf. 3. Considering the fact that the second respondent, after conducting a thorough investigation over the welfare of the public, has issued the impugned notification and it is not open to the petitioner to challenge the same without any valid reason. In the considered view of this Court, the relief sought by the Page No. 7 / 10 https://www.mhc.tn.gov.in/judis W.P.No.25894 of 2005petitioner is misconceived and it cannot be granted by this Court by exercising jurisdiction under Article 226 of the Constitution of India.4. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 26.09.2025rli Page No. 8 / 10 https://www.mhc.tn.gov.in/judis W.P.No.25894 of 2005To1. Union of India, represented by the Secretary to Government, Department of Consumer Affairs, Food and Public Distribution, Ministry of Consumer Affairs, New Delhi.2. Bureau of Indian Standards, Manak Bhavan, No.9, Bahadur Sha Zafar Marg, New Delhi-110 002. Page No. 9 / 10 https://www.mhc.tn.gov.in/judis W.P.No.25894 of 2005M.DHANDAPANI,JrliW.P.No.25894 of 200526.09.2025Page No. 10 / 10