IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WA.No. 789 of 2010 -------------------- AGAINST THE JUDGEMENT IN WPC.25473/2009 Dated 07/04/2010 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. K.A.MAHINKUTTY, S/O. ABOOBACKER, AGED 40, KOKKADAN HOUSE, VENGOLA VILLAGE, ALLAPRA.P.O., KANDANTHARA, ERNAKULAM DISTRICT. 2. K.K.PAREED, S/O. KOCHU PILLAI AGED 50 YEARS, KOKKADAN HOUSE, VENGOLA VILLAGE, KANDATHRA, ALLAPRA.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVT. SECRETARIAT,THIRUVANANTHAPURAM. 3. CHAIRMAN, STATE SINGEL WINDOW CLEARANCE BOARD, INDUSTRIES DEPARTMENT, GOVT. SECRETARIAT,THIRUVANANTHAPURAM. 4. DIRECTOR OF INDUSTRIES & COMMERCE, GOVERNMENT OF KERALA, VIKAS BHAVAN THIRUVANANTHAPURAM. 5. THE DISTRICT COLLECTOR, ERNAKULAM. WA.No. 789 of 2010 6. THE KERALA STATE POLLUTION CONTROL BOARD PATTOM.P.O.THIRUVANANTHAPURAM-695004. REP. BY ITS MEMBER-SECRETARY. 7. CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PATTOM.P.O. THIRUVANANTHAPURAM-695004. 8. VENGOLA GRAMA PANCHAYAT, VENGOLA ERNAKULAM DISTRICT, REP. BY ITS SECRETARY. 9. SECRETARY, VENGOLA GRAMA PANCHAYAT, VENGOLA, ERNAKULAM DIST. 10. K.K.MAHINKUTTY, PROPRIETOR, M/S. KAROTHUKUDY PLYWOOD INDUSTRIES, KANDANTHARA, PERUMBAVOOR. R1 TO R5 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. R6 & R7 BY SRI. M.K. CHANDRAMONHAN DAS, SC, PCB R8 & R9 BY SRI.SIRAJ KAROLY, SC R10 BY SRI. K.P. DANDAPANI(SENIOR) SRI.PRAVEEN K. JOY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/05/2010, ALONG WITH WA No.793 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.Nos. 789 and 793 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of May, 2010 JUDGMENT Ravindran, J. The appellant in WA No.789 of 2010 is the petitioner in WP(C) No.25473 of 2009 and the appellant in WA No.793 of 2010 is the petitioner in WP(C) No.26465 of 2009. 2. By a common judgment delivered on 07.04.2010, the learned Single Judge repelled the challenge made by the petitioners to the clearance certificate issued by the District Single Window Clearance Board, constituted under the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999 to the 10th respondent in WP(C) No.25473 of 2009 and the 7th respondent in WP(C) No.26465 of 2009 to start small scale industrial units. The learned single Judge, however, directed the concerned local authorities to address the grievance raised by the petitioners with notice to the petitioners before issuing the licence under the Kerala Panchayat Raj (Issue of licence to Dangerous and WA Nos. 789 and 793 of 2010 -:2:- Offensive Trades and Factories) Rules, 1996. Aggrieved by the judgment of the learned Single Judge, the appellants have preferred these writ appeals. 3. We heard learned counsel appearing for the contesting respondents also. They submit that pursuant to the directions issued in the judgment under challenge, the appellants in the writ appeal were heard, their objections considered and over-ruling their objections, licences were issued under the Kerala Panchayat Raj (Issue of licence to Dangerous and Offensive Trades and Factories) Rules, 1996 to the applicants, that the remedy of the appellants, if they are aggrieved, is to move the Tribunal for Local Self Government Institutions constituted under Section 271 S of the Kerala Panchayat Raj Act and that the appellants can raise all their objections before the Tribunal. 4. Section 8 of the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999 stipulates that notwithstanding anything contained in any law for the time being in force, every person intending to establish any small scale industrial undertaking having a capital WA Nos. 789 and 793 of 2010 -:3:- investment of more than two lakh rupees shall submit the application in the prescribed form to the Convener of the District Board for clearances or licences or certificates required under various State enactments along with the required fee under the respective enactments. Rule 8 of the rules framed by the Government under Section 27 of the Act stipulates that the District Board shall conduct a local inspection before passing orders on the applications made to it, after giving notice to the applicants. The appellants have not pleaded that the procedure prescribed in Rule 8 was not complied with, before the District Board decided to grant the requisite clearances/ licences/certificates. The learned single Judge has also repelled the challenge made by the petitioners to the decision taken by the District Board on the ground that there was a vacancy in the Board. Section 23 of the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999 stipulates that no act done or proceeding taken under the Act, by the State Board the District Board or the Industrial Area Board or the Sub-Committee appointed by the State Board shall WA Nos. 789 and 793 of 2010 -:4:- be invalidated merely on the ground of any vacancy in, or defect in the constitution of the State Board, the District Board or the Industrial Area Board or the Sub Committee of the State Board or any defect or irregularity in the appointment of a person acting as a member of any such Board or Sub Committee or any defect or irregularity in such act or proceeding not affecting the merits of the case. Therefore, even if all members of the District Board were not present in the meeting, it cannot be said that the decision taken by the Board is liable to be invalidated. In such circumstances, we are of the considered opinion that the decision of the learned single Judge does not merit interference. 5. Further, it is brought to our notice that pursuant to the directions issued by the learned Single Judge, notice was issued to the appellants, their objections considered and over-ruling their objections, licences under the Kerala Panchayat Raj (Issue of licence to Dangerous and Offensive Trades and Factories) Rules,1996 has been issued to the respective applicants. The provisions of the Kerala Panchayat Raj Act, 1994 confer on the appellants the right to file an appeal before the Tribunal for Local WA Nos. 789 and 793 of 2010 -:5:- Self Government Institutions challenging the permission or licence issued by the Secretary of a local authority. In such circumstances, we are of the opinion that no interference is called for in these writ appeals. The Writ Appeals fail and are accordingly dismissed. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb