IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 36225 of 2008(K) -------------------------- PETITIONER(S): --------------- 1. SEBY ANTONY, S/O. MAZHUVANCHERRY ANTONY, AGED 38 YEARS, MAZHUVANCHERY HOUSE, KIDANGOOR, ANGAMALI, ERNAKULAM DISTRICT. 2. SHINCY SEBY, W/O. SEBY ANTONY, MAZHUVANCHERY HOUSE, KIDANGOOR, ANGAMALI, ERNAKULAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE ANGAMALI MUNICIPALITY, REPRESENTED BY THE SECRETARY, ANGAMALI, ERNAKULAM DISTRICT. 2. THE ANGAMALI MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN, ANGAMALI MUNICIPALITY, ANGAMALI, ERNAKULAM DISTRICT. 3. THE EXECUTIVE ENGINEER, P.W.D NATIONAL HIGHWAY DIVISION, THRISSUR, THRISSUR DISTRICT. 4. THE CHIEF MANAGER (P.W.D), NATIONAL HIGHWAY, TRIVANDRUM. 5. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. ADV. SRI. P. SANTHALINGAM GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 36225 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 29th January, 2009. J U D G M E N T The petitioners have been given Ext. P5 building permit for construction of a building by the side of a National Highway. However, in the same, a condition has been imposed to the effect that the petitioners should start construction only after obtaining no- objection certificate from the National Highway Authorities. According to the petitioners, in view of the decision in Peer Mohammed v. Chirakandam Grama Panchayat, 2008(3) KLT 300, unless a notification contemplated under Section 18(2) of the Kerala Highway Protection Act, 1999 has been issued by the Government, the National Highway Authority cannot insist on any distance rule. 2. I have heard the learned Government Pleader also. The Government Pleader does not dispute the fact that no notification as contemplated under Section 18(2) of the Kerala Highway Protection Act, 1999 has been issued. What is submitted before me is that the Government has taken appropriate steps to fix the building line and issue notification for which some more time is required. In the above circumstances, I direct respondents 1 and 2 to permit the petitioners to construct their building in accordance with Ext. P5 permit. However, this shall be subject to the orders of the 3rd respondent in the matter. The 3rd respondent shall, within one month, take a decision in the matter in tune with the abovesaid decision and forward the decision to the petitioners and the 2nd respondent. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.