IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 30438 of 2008(W) -------------------------- PETITIONER(S): --------------- P.N.SUKUMARAN, S/O.NARAYANAN, RESIDING AT PADANNAMAKKAL HOUSE, POST KAVILUMPARA, THOTTILPALAM, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): --------------- 1. KAVILUMPARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PO.KAVILUMPARA, THOTTILPALAM, KOZHIKODE. 2. THE SECRETARY, THE KAVILUMPARA GRAMA PANCHAYATH, P.O.KAVILUMPARA, THOTTILPALAM, KOZHIKODE. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), CIVIL STATION, KOZHIKODE. 4. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), KUTTIYADI, KOZHIKODE. ADV. SRI.B.KRISHNAN FOR R1 & 2 SRI.R.PARTHASARATHY FOR R1 & 2 G.P. SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No. 30438 of 2008 ================== Dated this the 27th day of November, 2008 J U D G M E N T The petitioner wants to construct a commercial building in 6 cents of land in R.S. No.86/1 of Vadakara Taluk in Kavilumpara Panchayat, for which the petitioner submitted an application for building permit along with a plan before the Panchayat. The 2nd respondent now informs the petitioner that the petitioner's application cannot be processed without NOC from the 3rd respondent and the application would be processed as and when the 2nd respondent receives NOC from the 3rd respondent-Executive Engineer, Public Works Department (Roads), Kozhikode. The NOC is required under the Highway Protection Act, 1999. However, by letter No.66414/R.B3/06/LSGD dated 18.11.2008, the Secretary to the Local Self Government Department has informed the Secretary of the adjoining Panchayat that since the notification fixing the control line for highways has not yet been notified in the gazette, the Panchayat can consider applications for building permit subject to the Kerala Building Rules. In the above circumstances, I am satisfied that respondents 1 and 2 can be directed to process the application for building permit submitted by the petitioner without insisting on a No Objection Certificate from the 3rd respondent. Accordingly, this writ petition is disposed of with a direction to the competent among respondents 1 and 2 to consider and pass appropriate orders on the application for building permit submitted by the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge