IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 29139 of 2008(R) ------------------------------------- PETITIONER(S): ----------------------- RASHEED, S/O ALIKUNHI, PALAKKANDYPURAYIL, KURUVATTOOR POST, KOZHIKODE. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): ------------------------ 1. EXECUTIVE ENGINEER, NH DIVISION, KOZHIKODE. 2. CORPORATION OF CALICUT, REPRESENTED BY ITS SECRETARY, KOZHIKODE. BY GOVERNMENT PLEADER SRI. K.V.MANOJ KUMAR ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.29139 of 2008 ================== Dated this the 21st day of October, 2008. J U D G M E N T The petitioner wants to construct a building within the jurisdiction of the 2nd respondent, Corporation. He submitted an application for building permit before the Corporation. The Corporation has allegedly returned the application to the petitioner on the ground that the same cannot be considered without a No Objection Certificate from the 1st respondent since the proposed construction is by the side of the National Highway. The petitioner's contention is that no No Objection Certificate from the 1st respondent is required. However the petitioner is prepared to go through that procedure also. However, the 1st respondent informs the petitioner that they would consider such an application only if the same comes from the Corporation. In the above circumstances, the petitioner would be satisfied with a direction to the Corporation to accept the application for building permit and forward the same to the 1st respondent for his decision on the request for no objection. 2. In the above circumstances, the writ petition is W.P(C)No.29139 of 2008 - 2 - disposed of with the following direction. The 2nd respondent shall accept the application from the petitioner on resubmission of the same and take up the matter with the 1st respondent for his views on the question of granting of building permit. The 1st respondent shall forward his views or furnish his No Objection Certificate, if the same can be granted, within one month from the date of receipt of papers from the 2nd respondent. The 2nd respondent shall forward the papers to the 1st respondent within one week from the date of receipt of the application from the petitioner. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs