IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 2412 of 2009(K) --------------------------------------- PETITIONER(S): ------------------------- KOVVAMMAL KUNHIKKANDI ABOOBACKER, KODIYERI AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. MR.GEORGE MECHERIL RESPONDENT(S): ---------------------------- 1. THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT. 2. THE TAHSILDAR, (L.A), N.H., THALASSERY. R1 BY ADV. MR.I.V.PRAMOD R2 BY GOVERNMENT PLEADER MR. V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.KNO.2412/2009 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF DOCUMENT NO.1466/77 DTD. 16/11/1977 OF SRO, CHOKLI. P2: COPY OF BASIC RAX RECEIPT DTD. 12/08/2008. P3: COPY OF RECEIPT ISSUED BY THE FIRST RESPONDENT DTD. 13/11/2008. P4: COPY OF ACKNOWLEDGEMENT RECEIPT BY THE P.A. OF FIRST RESPONDENT ON 13/04/2009. P5: COPY OF NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DAILY DTD. 5/05/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.2412 OF 2009 ------------------------------------------- Dated this the 25th day of June, 2009 JUDGMENT 1.The petitioner applied for permission to construct a residential building in a plot owned by him. He has an extent of 52 cents. A building stands in one portion of that plot. However, he aspires to construct another building in the remaining portion apprehending that the existing building is likely to be subject matter of an acquisition which may come through. The Municipality has refused to grant him permit on the premise that the national Highway Authority and the PWD have not issued any clear communication to the Municipality and it is therefore, that the application of the petitioner is not disposed of. 2. The fact remains that there is no notification issued under the land Acquisition Act or under the National Highway Act or under the Kerala Highway Protection Act in any manner interfering with the right of parties who own land. Accordingly, the application of the petitioner for building WPC.2412/09 Page numbers permit could not have been refused on that ground. This position is clear by the judgment in Peer Mohammed v. Chirakandam Grama Panchayat [2008(3) KLT 300]. 3. For the aforesaid reasons, this writ petition is allowed directing that the application of the petitioner for building permit shall be granted and orders issued within a period of three weeks from the production of a copy of this judgment. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.27/6.