IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 26183 of 2008(P) -------------------------- PETITIONER: ------------ 1. K.M.PRAVEEN KOYAPPATHODI BANGLOW, P.O.MALAPARAMBA CALICUT-9 2. SIDDIQUE K.K. KAYYELI KUNNUMMAL (H) P.O.KARANTHUR CALICUT 673 571. BY ADV. SRI.M.KRISHNAKUMAR RESPONDENTS: ------------- 1. THE CORPORATION OF CALICUT REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER PWD. NATIONAL HIGHWAY DEVISION, KOZHIKODE. 3. THE CHIEF ENGINEER (PWD) NATIONAL HIGHWAY, THIRUVANANTHAPURAM. 4. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.26183/2008 ----------------------------------------------------------- Dated this the 2nd day of September, 2008 JUDGMENT The prayer sought for in this writ petition is for a direction to the second respondent to consider and pass orders on Exts.P2 and P3 applications. According to the petitioner, these applications are not considered because of Exts.P4 and P5, communications issued by respondents 3 and 4, fixing the control line and building line. This court, in the decision reported in Peer Muhammed V. Chirakandam Grama Panchayat (2008(3) KLT 300) has already held that, in the absence of a notification and publication under the Highway Protection Act, 1999, fixing of control line and building line, Exts.P4 and P5 cannot be enforced. It is now conceded by the respondents before me that there is no such notification or publication in so far as 2 the issue covered by Exts.P2 and P3 also. Accordingly, the writ petition is disposed of directing that the second respondent shall take up, consider and pass orders on Exts.P2 and P3, on merits and pass orders thereon. Petitioner shall produce a copy of the judgment before the second respondent for compliance. ANTONY DOMINIC JUDGE vi. 3