IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 29232 of 2008(E) ---------------------------------- PETITIONER: ---------------- K.P.JUVARIYA, AGED 45 YEARS, D/O.KUNHAMMED KOYA, KALLIYATTU PERUNTHOTTATHIL, P.O.MARIKKUNNU, KOZHIKODE - 673 012. BY ADV. SMT. PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENTS: ------------------- 1. CORPORATION OF CALICUT, REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, PWD, NATIONAL HIGHWAY DIVISION, KOZHIKODE. 3. THE CHIEF ENGINEER (PWD), NATIONAL HIGHWAY, THIRUVANANTHAPURAM. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2008, ALONG WITH WP(C) No.30998 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29232/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE APPLICATION OF THE PETITIONER BEFORE THE 1ST RESPONDENT FOR BUILDING PERMIT. EXT. P2 : COPY OF THE APPLICATION OF THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AN NOC. EXT. P3 : COPY OF THE COMMUNICATION FROM THE 4TH RESPONDENT TO THE 3RD RESPONDENT DT. 18.10.2007. EXT. P4 : COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 6.2.2008. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. -------------------------------------------- W.P.(C)Nos. 29232 & 30998 OF 2008 --------------------------------------------- Dated this the 14th day of November, 2008 JUDGMENT In these writ petitions, the grievance of the petitioners is that their application for building permit is not being considered on the ground that the petitioners have not produced No Objection Certificate from the Executive Engineer of the National Highway Division. Their contention is that without a gazette notification fixing the building line, the question of denial of NOC would not arise. They rely, for this proposition, on the decision of this Court in Peer Muhammed V. Chirakandam Grama Panchayat [2008(3) KLT 300]. The petitioners therefore, seek the following reliefs: “i) To issue a writ of mandamus or any other appropriate writ order or direction directing the 1 st respondent not to insist on an No Objection Certificate to grant a building permit. ii) To issue a writ of mandamus or any other appropriate writ order or directions directing the 2 nd respondent to consider and pass orders expeditiously on Ext.P2 application ignoring Exhibit-P3 and P4 orders in the light of the judgment in reported in 2008(3) KLT 300 and Exhibit-P5”. W.P.(C)NO.29232/08 & Con.case 2 2. The learned Government Pleader on instructions submits that it is true that no gazette notification as contemplated in the judgment in question has been issued. That being so, the ratio of that decision squarely applies to the facts of this case. In the above circumstances, I dispose of this writ petition with a direction to the 2 nd respondent to consider Ext.P2 application of the petitioners for NOC in accordance with the decision in Peer Muhammed's case (Supra) and forward the papers to the 1 st respondent as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. Thereafter the 1 st respondent shall consider and pass orders on the petitioners’ application for building permit as expeditiously as possible at any rate, within a period of one month from the date of receipt of the NOC from the 2 nd respondent. S. SIRI JAGAN, JUDGE Acd W.P.(C)NO.29232/08 & Con.case 2