Judgment : K.T. Sankaran. J. 1. The appellants are the Manager and Headmaster of St. Stephen's Higher Secondary School, Keerampara. The 12th respondent took steps to establish a hollow bricks unit in the land near St.Stephan's Higher Secondary School. Respondent No. 12 applied to the Secretary of the Keerampara Grama Panchayat for building permit to construct a building for the purpose of the hollow bricks unit. The fourth respondent referred the matter to the Senior Town Planner. The Senior Town Planner issued an order dated 27.12.2010 (Ext.R12(a)) granting permit for the unit with the conditions mentioned therein. 2. The 12th respondent filed an application before the third respondent (the District Industrial Single Window Clearance Board) (hereinafter referred to as the District Board), for clearance of the necessary licence for establishing the hollow bricks unit. The District Board granted clearance to the 12th respondent, which was challenged by the appellants in W.P.(C) No. 16074 of 2012. The learned Single Judge dismissed the Writ Petition, which is under challenge in this Writ Appeal. 3. The appellants contended that the proposed hollow bricks unit is very near to the school compound, situated at a distance of about 11 mtrs. It was also contended that the unit was established in a paddy land. According to the appellants, the District Board, which is constituted under the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999, would include the President of the Grama Panchayat. But on 11.5.2012, when the meeting of the District Board was held, the item concerned was taken out of agenda and a decision was rendered in favour of the 12th respondent. In that meeting of the Board, the President of the Panchayat was not present, but only a representative of the Panchayat was present. It was also contended by the appellants that the District Board has no authority to issue a deemed licence. 4. Exhibit P8 order dated 30.5.2012 issued by the General Manager of District Industries Centre would show that on 27.3.2012, a direction was issued to the Panchayat to issue licence to the 12th respondent. However, the Panchayat did not take any action. In these circumstances, since the 12th respondent had obtained the necessary clearance from the Pollution Control Board, the District Medical Officer and the Town Planning Authority, the District Board in the meeting held on 11.5.2012 decided to issue a deemed licence. 5.
However, the Panchayat did not take any action. In these circumstances, since the 12th respondent had obtained the necessary clearance from the Pollution Control Board, the District Medical Officer and the Town Planning Authority, the District Board in the meeting held on 11.5.2012 decided to issue a deemed licence. 5. The learned counsel for the appellants raised a contention that Section 233 of the Kerala Panchayat Raj Act provides for the procedure for permission of construction of factories, work shop, work place etc. and installation of machinery or manufacturing plant therein. The procedure prescribed under Section 233 should have been followed as provided under Section 8(2) of the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act. 6. It is not in dispute that necessary clearance have been obtained by the 12th respondent from the Pollution Control Board, the District Medical Officer and Town Planning Authority. The learned Single Judge held that the property in question was categorised as a residential area in the fair value register prepared by the revenue authorities. It was also held that the distance from the nearest class room to the proposed unit is 27.5 mtrs., while as per the rules, the required set back is only 3 mtrs. The hollow bricks unit is categorised as green in the circular concerned. The learned Single Judge also held that Exhibit PI6 circular was issued only on 20.7.2011 and therefore, that circular will not apply. The contention raised by the appellants that a deemed licence cannot be issued was also rightly rejected holding that Section 10 of the Industrial Single Window Clearance Boards and Industrial Township Area Development Act provides for such power. 7. The Industrial Single Window Clearance Boards and Industrial Township Area Development Act is an Act to provide special provision for speedy issue of various licences, clearances and certificates required for setting up of industrial undertakings in the State of Kerala and for other allied matters. The Act provides for constitution of the State Board, the District Boards and Industrial Area Boards. Section 2(a) of Industrial Single Window Clearance Boards and Industrial Township Area Development Act defines "Authority" as follows : "2.(a) "Authority" means any Department of Government or Government agencies or Grama Panchayat or Municipality which are required to issue clearances or licences or certificates or permits for setting up an industrial undertaking in the State 8.
Section 2(a) of Industrial Single Window Clearance Boards and Industrial Township Area Development Act defines "Authority" as follows : "2.(a) "Authority" means any Department of Government or Government agencies or Grama Panchayat or Municipality which are required to issue clearances or licences or certificates or permits for setting up an industrial undertaking in the State 8. "The District Board" means the District Single Window Clearance Board constituted under sub section (1) of Section 4 of the Act. Section 4 reads as follows : "4. District Boards (1) For the purpose of speedy issue of various licences, clearances of certificates required under the various State enactments for setting up of small scale industrial undertakings having capital investment of more than two lakhs rupees in each district of the State, the Government may, by notification, constitute a District Single Window Clearance Board for each district in the State. (2) Every District Single Window Clearance Board shall be a body corporate by the name of the District for which it is constituted, having perpetual succession and a common seal. (3) Every District Single Window Clearance Board shall consist of the following members, namely (a) Collector of the District; (b) General Manager, District Industries Centre of the District concerned; (c) The President of the Grama Panchayat concerned or chairperson of the Municipality concerned in cases where licence is required from the local bodies. (d) The District Officer of the Kerala Pollution Control Board or any other officer of the Board nominated by the chairman, Kerala State Pollution Control Board; (e) The District Officer of the Electrical Inspectorate or any other officer nominated by the Chief Electrical Inspector; (f) The District Officer of the Town Planning Department or any other officer nominated by the Chief Town Planner; (g) District Medical Officer ; (h) An Officer of the Kerala State Electricity Board not below the rank of Executive Engineer nominated by the Chairman, Kerala State Electricity Board; (i) District Officer, Factories and Boilers Inspectorate; (j) Divisional Fire Force Officer ; (k) Divisional Forest Officer; (1) District Labour Officer ; (m) Secretary, Urban Development Authority or Secretary, District Panchayat; (n) Deputy Commissioner, Sales Tax and Agricultural Income Tax; (o) An Officer of the Kerala Water Authority not below the rank of Executive Engineer nominated by the Managing Director, Kerala Water Authority.
(4) The Collector of the District shall be the Chairman and the General Manager, District Industries Centre shall be the Convener of the District Board. (5) The District Board shall meet at such time and place to be fixed by the Chairman of the District Board and shall observe such procedure in regard to its transaction of business as may be made in the by-laws; (6) The District Board may associate itself, in such manner and for such purposes as may prescribed with any person whose assistance or advice it may desire to have in the performance of any of its functions under the Act, and the person so associated shall have the right to take part in the meetings of the District Board relating to that purpose as a special invitee and shall not be considered as a member of the District Board." 9. Section 8 of the Act provides for powers and functions of the District Board. For the sake of convenience, Section 8 is extracted below: "8. Powers and functions of District Board : (1) Notwithstanding anything contained in any law for the time being in force, every person intending to establish any small scale industrial undertaking having capital 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 enactment. The application shall contain such details as may be prescribed. (2) The District Board shall, after complying the procedure prescribed in this behalf and within sixty days from the date of receipt of the application take a decision as : (a) to recommend to the authority concerned the issue of the licence or permission applied without any modifications or with such modifications as it thinks fit to make; or (b) refuse clearance if it is of the opinion that the proposed construction, establishment or installation is objectionable. (3) The decision taken by the District Board shall be communicated to the applicant and the authority concerned by the Convener of the District Board.
(3) The decision taken by the District Board shall be communicated to the applicant and the authority concerned by the Convener of the District Board. (4) Notwithstanding anything contained in any law for the time being in force, if the application for clearance, licence or certificate submitted before the Authority concerned for establishing a Small Scale industrial undertaking having capital investment of less than rupees two lakhs is rejected or recommended with modification the person aggrieved may file an appeal before the District Board against such order of refusal or recommendation within thirty days from the date of receipt of order from the authority concerned in the manner prescribed and such an appeal shall be disposed of within thirty days from the date of submission of the appeal." 10. Section 10 of the Act reads as follows : "10. Issuing of clearances licences, certificates based on the recommendations 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 of the State Board, District Board or Industrial Area Board as the case may be within ten working days from the date of receipt of the recommendations. If no clearance, licence or certificate, as the case may be, is issued within the said time limit the clearance, licence or certificate, as the case may be, recommended for by the respective Board shall be deemed to have been issued after the expiry of the said period of ten working days." 11. For setting up of small scale industrial undertakings having capital investment of more than ?2 lakhs, the District Board has jurisdiction. If the clearance or licence is refused by the District Board, an appeal lies to the State Board as provided under Section 11. Under Section 8(4) of the Act, if the application for clearance, licence or certificate submitted before the Authority concerned for establishing a small scale industrial undertaking having capital investment of less than ?2 lakhs is rejected, an appeal lies to the District Board. 12. Sections 8 and 10 contain non obstante clauses. The District Board can issue direction to the Authority concerned for issuing licence, clearance or certificates. The Authority includes Grama Panchayat.
12. Sections 8 and 10 contain non obstante clauses. The District Board can issue direction to the Authority concerned for issuing licence, clearance or certificates. The Authority includes Grama Panchayat. The contention of the learned counsel for the appellants that in view of Sub-section (2) of Section 8 of the Act, the District Board shall comply with the procedure prescribed under Section 233 of the Kerala Panchayat Raj Act, is unsustainable. What is provided under Section 8(2) is that the District Board shall comply with the procedure prescribed "in this behalf'. Section 2(k) of the Act defines the expression "prescribed" as prescribed by Rules made under the Act. Therefore, it is clear that the procedure to be followed by the District Board under Section 8(2) is not the procedure as provided under Section 233 of the Kerala Panchayat Raj Act, but the procedure prescribed by Rules under the Single Window Clearance Act. The non obstante clause occurring in Sections 8 and 10 would make it clear that notwithstanding Section 233 of the Kerala Panchayat Raj Act, the District Board constituted under the Single Window Clearance Act, has jurisdiction to decide matters which can be decided by the Panchayat under Section 233 of the Kerala Panchayat Raj Act. Subsection (4) of Section 8 would make the position clear that when the clearance, licence or certificate for establishing a small scale industrial undertaking is rejected by the Authority concerned, the person aggrieved can file an appeal before the District Board. The constitution of the District Board under Section 4 is such that several authorities including the President of the Grama Panchayat, are members. Therefore, the contention put forward by the learned counsel for the appellants that the power of the Panchayat under Section 233 is not taken away and that the Single Window Clearance Board has no authority to deal with the matter except in accordance with Section 233 of the Panchayat Raj Act, is unsustainable. No grounds are made out for interference in the well considered judgment of the court below. The Writ Appeal is dismissed.