IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 23196 of 2008(J) -------------------------- PETITIONERS: ------------ 1. NJARAPULAN ISMAIL, S/O.ALAVI VENGARA, MALAPPURAM. 2. KANDANPARAMBAN ABDURAHIMAN S/O.ABOOBACKER, KANDANPARAMBAN HOUSE VENGARA, MALAPPURAM. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. ATHAVANAD GRAMA PANCHAYATH REP. BY ITS SECRETARY,ATHAVANAD, MALAPPURAM 2. EXECUTIVE ENGINEER, NATIONAL HIGHWAYS DIVISION, MALAPPURAM. R2 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 23196 OF 2008 J = = = = = = = = = = = = = = = = = Dated this the 27th day of August 2008 J U D G M E N T Ext. P2 order is under challenge. Ext. P2 has been issued on the basis that the petitioner has not left a clearance of 45 metres from the middle of the road in terms of the provisions contained in the Highway Protection Act. It is stated that this stand in Ext. P2 has been taken on the basis of a letter issued by the Government of Kerala fixing control line and building line from the centre of the road. The said order was challenged before this Court in the case of Peermohammed v. Chirakandam Grama Panchayat {2008 (3) KLT 300} and this Court has held that in the absence of a notification issued under the Act, the same cannot be enforced. 2. Learned Govt. Pleader, on instructions, confirms that there is no notification in so far as NH 17 is concerned, in respect of which petitioner submitted his application. In the light of this, Ext. P2 will have to be quashed and I do so. It is directed that without W.P.(C) No. 23196 OF 2008 -2- insisting on the clearance as above, the 1st respondent shall consider the application made by the petitioner for building permit on the production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-