J. JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants filed W.P.(C) No. 14055/12 seeking a direction to the respondents to issue the licence sought for by them as recommended by the 2nd respondent in Ext. P7. Consequential directions were also sought for. The writ petition having been dismissed, this appeal is filed.

(2.) WE heard the learned counsel for the appellants and also the learned counsel appearing for the Kerala State Pollution Control Board.

(3.) ACCORDING to the learned counsel for the appellants, the permit having been issued and the single window clearance board having resolved to grant licence, the appellants are entitled to get occupancy certificate for industrial purposes. Counsel also placed reliance on Sir William Wade on Administrative Law, Ninth Edition to contend that Ext. P2 building permit having been granted and building having been completed, the respondents are estopped from declining the occupancy certificate sought for. He also placed reliance on the Apex Court judgment in Moumita Poddar v. Indian Oil Corporation Limited and another ( : (2010) 9 SCC 291) to contend that a humane approach should be taken in the matter.