SHANTI JOSEPH Vs. POYYA GRAMA PANCHAYATH

JUDGEMENT

(1.) THE petitioner is an unemployed under graduate who has set up a small scale industrial unit to manufacture bone meal. He applied for a permission before the Panchayath on 22. 4. 1998 for establishment and installation of the factory. Petitioner has also in furtherance of his establishment applied and obtained the following certificates: 1) Apian approved by the Assistant Executive Engineer, kerala Water Authority (Ext. P1) stating that the nearest residential building is located more than 192 Mtrs. away from the proposed building. 2) THE Electricity Board allocation for 35 HP industrial unit dated 29. 11. 1997. 3) No objection certificate from the Kerala State pollution Control Board to set up industry for production of 55 t/month bone meal and bone chips subject to 10 conditions set out thereunder. However, the Panchayath has decided to reject the application and the said decision was communicated by Ext. P3 dated 2. 5. 1998. Petitioner preferred an appeal before the Green Channel Committee. THE committee by order dated 19. 5. 1998 decided to issue clearance to the unit. By ext. P6 dated 22. 6. 1998 the General Manager, District Industries requested the panchayath to issue licence to the unit based on the decision of the Green channel Committee. By Ext. P8 dated 29. 7. 1998 the District Medical Officer has also issued a certificate of approval based on the technical report accorded for establishment of the bone meal factory. THE District Medical Officer had also certified that the factory had satisfied all the conditions stipulated earlier. Since the Panchayath has not been granting the licence as directed by the Green Channel Committe, the petitioner preferred O. P. No. 15364/98 on 11. 8. 1998 for a direction to the Panchayath to comply with the orders made in exts. P4 and P6. Notice was issued on 12. 8. 1998. THEreafter, it appears that the Panchayat has preferred a revision against the decision of the Green channel Committee. THE Government by order dated 17. 8. 1998 granted stay of the proceedings of the Green Channel Committee till the disposal of the revision petition. Subsequently the Original Petition was amended to quash Ext. P10 since, according to the petitioner, the stay order was obtained on a holiday after receipt of the notice from this Court. By an interim order dated 25. 9. 1998 this Court directed the Government to dispose of the revision and accordingly the Government by order dated 24. 10. 1998 set aside the decision taken by the green Channel Committee. Petitioner has preferred O. P. No. 21468/98 against the order of the Government.

(2.) ADDITIONAL respondents 3 to 12 were impleaded who are said to be the affected parties and residents of the localities as parties in this Original Petition. They have filed counter affidavit opposing the relief sought for in the writ petitions.

(3.) THE Government has framed the Kerala Panchayath Raj (Licencing of Dangerous and Offensive Trades and Factories) Rules, 1996 under ss. 232, 233, 234 read with S. 254 of the Act. THEse rules were notified. THE rules provide for specification of dangerous and offensive trades, the procedure of application and disposal. R. 4 provides for an appeal against the orders of the Grama Panchayath. THEse rules are statutory and made by the Government in exercise of the provisions of Ss. 232, 233 and 234 read with S. 254 of the Act. S. 234 specifically states that the Government may make rules prohibiting or regulating the grant of licences under Ss. 232 and 233 of the Act. THEre is no doubt in the minds of the Government that these rules are made in exercise of the power conferred by the Act. As a matter of fact by Ext. P9 communication of the additional Secretary dated 6. 3. 1998 who happened to pass the impugned order in revision, Ext. P1, has categorically stated that the Green Channel Committee is the appellate authority as per the rules issued under the Panchayath Raj Act, and Panchayaths will have to adhere to the decision of the Green Channel committee. It is further pointed out that the Panchayaths are refusing to grant installation permission overlooking the decision of the Green Channel Committee in contravention of the instructions. According to him, a revision is available against the decision of the Green Channel Committee. THErefore, it is very clear that the Green Channel Committee is an appellate authority constituted under the statutory rules. THE decision taken by the Green Channel Committee is binding on the Panchayath.