IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 36612 of 2008(H) --------------------------------------- PETITIONER: ------------------- M/S. PARAYIL GRANULAR INDUSTRIES, PERUMBAIKADU.P.O, KUMARANALLOOR, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, THOMAS.P. KURIAKOSE. BY ADV. MR.BABU JOSEPH KURUVATHAZHA. RESPONDENTS: ------------------------ 1. KUMARANALLOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, OFFICE OF THE KUMARANALLOOR GRAMA PANCHAYATH, KUMARANALLOOR.P.O, KOTTAYAM DISTRICT. 2. KUMARANALLOOR GRAMA PANCHAYATH COMMITTEE, REP. BY ITS PRESIDENT, KUMARANALLOOR.P.O, KOTTAYAM DISTRICT. 3. THE SPECIAL GRADE SECRETARY, KUMARANALLOOR GRAMA PANCHAYATH, KUMARANALLOOR.P.O, KOTTAYAM DISTRICT. 4. KERALA STAQTE POLLUTION CONTROL BOARD, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS MEMBER SECRETARY. R1 TO R3 BY ADV. MR.T.A.SHAJI, R4 BY ADV. MR. M.K. CHANDRAMOHAN DAS,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36612/2008-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RESOLUTION NO. 8 DTD. 15/05/89 OF THE R.1. EXT.P.2: COPY OF THE ORDER NO. C1-2982/90 DTD. 30/04/90 OF THE DEPUTY DIRECTOR OF PANCHAYATS. EXT.P.3: COPY OF THE ORDER DTD. 19/12/90 BEARING NO. K. DIS.(C1) 5930/90 OF THE DEPUTY DIRECTOR OF PANCHAYATS, ERNAKULAM. EXT.P.4: COPY OF THE BUILDING PERMIT NO. 0019/91-92 DTD. 23/04/91 ISSUED BY THE R.1. EXT.P.5: COPY OF THE ORDER NO. 21605/C2/91/LSGD DTD. 19/08/91 ISSUED BY THE GOVERNMENT. EXT.P.6: COPY OF THE G.O(RT).NO.5063/91/LSGD DTD. 24/12/91 ISSUED BY THE GOVERNMENT. EXT.P.7: COPY OF THE ORDER DTD. 29/08/97 IN SPECIASL LEAVE TO APPEAL (CIVIL) NO.11575/94 OF THE HONOURABLE SUPREME COURT OF INDIA. EXT.P.8: COPY OF THE APPLICATION DTD. 08/10/97 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.9: COPY OF THE MINUTES OF THE MEETING OF GREEN CHANNEL CLEARANCE COMMITTEE HELD ON 16/06/06 PUBLISHED BY THE DISTRICT COLLECTOR, KOTTAYAM, THE CONVENOR OF THE GREEN CHANNEL CLEARANCE COMMITTEE. EXT.P.10: COPY OF THE CONSENT NO. PCB/KTM/CE/R/264/2006 DTD. 27/10/06 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. EXT.P.11: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD. 09/02/2007 IN W.P.(C).NO.4071/2007 OF THIS HONOURABLE COURT. EXT.P.12: COPY OF THE RESOLUTION NO.XI DTD. 07/03/2007 OF THE R.1. EXT.P.13: COPY OF THE ORDER DTD. 06/01/2008 IN APPEAL NO. 132/2007 OF THE LEARNED TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P.14: COPY OF THE 1ST PAGE OF THE APPLICATION DTD. 24/01/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.1. THROUGH DISTRICT INDUSTRIES CENTRE, KOTTAYAM. EXT.P.15: COPY OF THE ACT 5 OF 2000 (KERALA INDUSTRIAL SINGLE WINDOW CLEARANCE BOARDS AND INDUSTRIAL TOWNSHIP AREA DEVELOPMENT ACT 1990). W.P.(C). NO.36612/2008-H: EXT.P.16: COPY OF THE G.O.(RT).NO.605/2000/ID DTD. 31/05/2000 PUBLISHED AS PER SRO NO. 468/2000. EXT.P.17: COPY OF THE ORDER NO. C6/8030/08/D. DIS. DTD. 11/06/2008 OF THE CHIEF TOWN PLANNER. EXT.P.18: COPY OF THE BUILDING PERMIT BEARING NO. 105/2008-09 DTD. 18/07/2008 ISSUED BY THE R.1. EXT.P.19: COPY OF THE NOC ISSUED BY THE ASSISTANT DIVISIONAL OFFICER OF FIRE & RESCUE SERVICES AS PER THE PROCEEDING NO.D.4514 DTD. 17/07/2008. EXT.P.20: COPY OF THE PROCEEDING NO. C2/1308/08 DTD. 12/02/2008 OF THE DISTRICT MEDICAL OFFICER OF HEALTH, KOTTAYAM. EXT.P.21: COPY OF THE `CONSENT TO ESTABLISH' BEARING NO.PCB/HO/KTM/ICE/19/07/08 DTD.05/07/2008 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. EXT.P.21.(A): COPY OF THE RECEIPT NO. 14807 DTD. 23/10/2008 ISSUED BY THE R.1. EXT.P.22: COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE DISTRICT INDUSTRIAL SINGLE WINDOW CLEARANCE BOARD MEETING HELD ON 23/09/2008. EXT.P.23: COPY OF THE LETTER NO. B1/466/08 DTD. 18/10/2008 ISSUED BY THE GENERAL MANAGER OF THE DISTRICT INDUSTRIES CENTRE, KOTTAYAM. EXT.P.24: COPY OF THE DECISION NO. V DTD. 28/11/2008 OF THE R.3. EXT.P.25: COPY OF THE PROCEEDING DTD. 11/07/2008 OF THE R.3. EXT.P.26: COPY OF THE ORDER CE/3030/08/D. DIS. DTD. 11/06/2008 ISSUED BY THE TOWN PLANNER OF THE RURAL DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. EXT.P.27: COPY OF THE PROCEEDING BEARING NO. C/188/08 DTD. 26/03/2008 OF THE TOWN PLANNER, KOTTAYAM. EXT.P.28: COPY OF THE PROCEEDING NO. C3/8030/08 DTD. 18/04/2008 OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.36612 of 2008-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of June, 2009. JUDGMENT “CR” 1.The petitioner, which obtained Ext.P2 decision from the District Board constituted under the provisions of the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999 (Act 5/2000), hereinafter, for short, the “Act”, complains that the first respondent Grama Panchayat is not issuing licence acting on that decision. 2.The Grama Panchayat has filed counter affidavit essentially taking the stand that the panchayat has not granted the licence on account of objections by 300 and odd persons in the locality. 3.It is not in dispute that the District Board has WP(C)36612/08 -: 2 :- granted the order in favour of the petitioner. By virtue of Section 10 of the Act, notwithstanding anything contained in any other law for the time being in force, the authority concerned shall, on receipt of the recommendation of the State Board, District Board or Industrial Area Board, issue the clearances, licences or certificates applied for in accordance with the recommendations. It also provides that in the absence of such clearance being issued within ten working days, that would amount to a deemed licence. The Grama Panchayat, unless the context otherwise requires, is an authority for the purposes of the Act, going by the definition in Section 2(e). The context in hand is as to whether an authority is bound by the recommendations of the District Board. There is no room for any contextual exclusion of the Panchayat, for that purpose, from the scope of the definition of “authority” under the Act. 4.The very purpose of constitution of the District WP(C)36612/08 -: 3 :- Board, which is a Single Window Clearance Board, is to resolve all matters relatable to the grant of licence for industrial purposes. The concept of single widow clearance is brought in, to ensure that there is a comprehensive consideration of all relevant objections and also to see that a person who applies for a licence need not have to scout different executive or quasi-judicial jurisdictions under different legislations for the purpose of ultimately reaching at his goal, namely, the obtaining of due licence. Once the settled procedures governed by the Constitution and the laws provide for such a measure which lays down the administrative modality, that would, ultimately, result in the grant or refusal of recommendations, coupled with the obligations of the authorities to act in terms of those recommendations, it would be a situation of an unruly horse behaviour, if subsequent complaints are to be recognised merely because they are mass complaints. All lawful objections should be treated to have been heard WP(C)36612/08 -: 4 :- and decided and concluded by the Single Window Clearance Board. This is all the more so because, an appellate jurisdiction lies with the State Board in terms of Section 11. No person who has obtained a clearance under the Act should be left high and dry, to run pillar to post for reliefs on the basis of such clearance. 5.For the aforesaid reasons, the objections of the panchayat do not stand on the face of the recommendations of the Board. In the result, this writ petition is allowed quashing Ext.P24 and directing the panchayat to immediately issue necessary licence, consent or orders following and acting upon the decision Ext.P22 issued by the Board. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050609