JUDGMENT :

In these writ petitions, the petitioners who are Companies running Industrial Units in Ernakulam and Kottayam Districts, challenge order GO (Rt.) No. 805/09/WRD of the Government of Kerala, Water Resources (MI) Department, dated 25.07.2009. By the said Government Order, the State of Kerala enhanced the fee for extraction of water from rivers.

2. In WP(C) No.4755/2013, the petitioner-Company states that the Company has permission granted by the Chief Engineer, Irrigation Department, to draw water 1000 TPD (Tons Per Day) from Chalakudy River. However, the Company is drawing only 300 M3 per day. The Executive Engineer required the petitioner to make a fresh application for extraction of water from the river in terms of the G.O. dated 25.07.2009.

3. The said G.O. marked as Ext.P5 in the writ petition reads as follows:-

GOVERNMENT OF KERALA

Abstract

Water Resources Department-Extraction of water from rivers/water bodies in Kerala for the purpose other than Drinking Domestic and irrigation-Levy of Water Cess/charges -Orders issued.

WATER RESOURCES (MI) DEPARTMENT

G.O.(Tt)No.805/09/WRD Dated Thiruvananthapuram 25.07.2009.

Read :- 1. No.I AU/W/III/2-1/68/2003-04/218 dated 1.8.2008 from