IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 35057 of 2008(W) -------------------------- PETITIONER(S): --------------- 1. NAZAR.K.M. S/O.MOHAMMED, KULANGARA PARAMBIL MUTTAM KARA, ALUVA WEST VILLAGE 2. MOHAMMED, S/O.PUTHUVAI VAKARI KULANGARA PARAMBIL MUTTAM KARA, ALUVA WEST VILLAGE. 3. RAZAK, S/O.MOHAMMED KULANGARA PARAMBIL MUTTAM KARA, ALUVA WEST VILLAGE. BY ADV. SRI.M.MOHAMED NAVAZ SRI.T.P.SAJAN RESPONDENT(S): --------------- 1. CHOORNIKKARA GRAMA PANCHAYATH REP. BY ITS SECRETARY OFFICE OF THE CHOORNIKKARA GRAMA PANCHAYATH, THAYIKKATTUKKARA PO., ALUVA-683106. 2. EXECUTIE ENGINEER(PWD), NATIONAL HIGHWAY WING, THRISSUR. 3. CHIEF ENGINEER, PWD, NATIONAL HIGHWAY, THIRUVANANTHAPURAM 4. STATE OF KERALA, REP. BY ITS SECRETARY PWD, SECRETARIAT, TRIVANDRUM. ADV. SRI.P.T.JOSE FOR R1 G.P. SHRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.35057 of 2008 ================== Dated this the 23rd day of January, 2009 J U D G M E N T The petitioners intend to construct a building by the side of a national highway, for which purpose they submitted an application before the 1st respondent for a building permit. Since the property is by the side of the national highway, the 1st respondent forwarded the same to the 2nd respondent for their NOC. The petitioners' contention is that the 2nd respondent has not issued NOC till date for the reason that the Government is proposing to fix a building line as per the Highway Protection Act. According to the petitioners, the petitioners cannot be asked to wait indefinitely especially in view of Ext.P3 judgment of this Court, wherein this Court has held that unless the building line is fixed and published in the gazette, the 2nd respondent cannot refuse to grant NOC. 2. The learned Government Pleader submits that the question of fixation of building line is engaging the attention of the Government, for which a high level meeting of the concerned officers is contemplated. 3. I am of opinion that the petitioners cannot be asked to wait indefinitely for this purpose. In any event, there is already a decision of this Court, viz., Ext.P3 judgment, in this respect. Therefore, this 2 writ petition is disposed of with a direction to the 2nd respondent to take a decision on the question of NOC in terms of Ext.P3 judgment, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment and forward the same to the 1st respondent for appropriate further action on the application for building permit by the 1st respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge