IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WA.No. 2152 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.36612/2008 Dated 02/06/2009 .................... APPELLANTS/RESPONDENTS 1 TO 3 ---------------------------------------------------- 1. KUMARANELLOOR GRAMA PANCHAYAT, RWP. BY ITS SECRETARY, OFFICE OF THE KUMARANALLOOR GRAMA PANCHAYAT, KUMARANALLOOR P.O., KOTTAYAM DISTRICT. 2. KUMARANALLOOR GRAMA PANCHAYAT COMMITTEE, REP.BY ITS PRESIDENT, KUMARANALLOOR P.O., KOTTAYAM DISTRICT 3. THE SPECIAL GRADE SECRETARY, KUMARANALLOOR GRAMA PANCHAYAT, KUMARANALLOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.A.G.ADITYA SHENOY RESPONDENTS/PETITIONER & RESPONDENT NO.4 ------------------------------------------------------------------------ 1. M/S.PARAYIL GRANULAR INDUSTRIES, PERUMBAIKADU P.O., KUMARANALLOOR, KOTTAYAM DISTRICT, REP.BY ITS MANAGING PARTNER, THOMAS P.KURIAKOSE. 2. KERALA STATE POLLUTION CONTROL BOARD, PATTOM, THIRUVANANTHAPURAM REP.BY ITS MEMBER SECRETARY. R1 BY ADV.SRI.BABU JOSEPH KURUVATHAZHA R2 BY STANDIG COUNSEL SRI.M.K.CHANDRAMOHAN DAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------------------ W.A.No.2152 of 2009 ------------------------------------------------------- Dated this the 20th day of October, 2009 JUDGMENT S.R.Bannurmath, C.J. Challenging the judgment of the learned Single Judge dated 2nd June, 2009 allowing W.P.(C) No.36612 of 2008, the present writ appeal is filed by the respondent Grama Panchayat. The writ petitioner was aggrieved by non issuance of licence by the Grama Panchayat for setting up an industrial building. 2. Noting the fact that as Ext.P22 decision of the Board comes under the purview of the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999 (Act 5 of 2000), hereinafter referred to as 'the Act', and admittedly as the Grama Panchayat has neither granted clearance as sought for by the petitioner nor rejected the same, as prescribed under Section 10 of the Act, if no action is W.A.No.2152 of 2009 - 2 - taken, it is deemed that licence is granted. That apart, it is the contention of the appellant Grama Panchayat that after the clearance by the Single Window Clearance Board as there was agitation by some of the residents in the Panchayat, the Panchayat could not take any decision. From the records undisputably it is seen that before consideration of the alleged complaint of the residents, the Grama Panchayat has not given any opportunity of hearing to the writ petitioner and as such practically the decision is one-sided and contrary to the rule of audi alteram partem. It is not as if the Grama Panchayat was not aware of the setting up of the unit as the building permit, etc, were cleared by the Grama Panchayat. Moreover, one of the members of the Grama Panchayat himself is a representative in the Single Window Clearance Board who has participated in the deliberations. 3. Considering all these aspects of the matter, in our view, the learned Single Judge was justified in allowing the writ W.A.No.2152 of 2009 - 3 - petition and directing the Grama Panchayat to take steps to issue necessary licence/consent or order acting upon the decision taken by the Board vide Ext.P22. We do not find any merit in the writ appeal. 4. At this stage, learned senior counsel appearing for the appellants submits that an appellate remedy is provided under Section 11 of the Act and the Grama Panchayat intends to prefer an appeal. If such a remedy is available, it is open for the appellants to invoke that remedy, if so advised. With this observation the writ appeal is dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku.