IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 22261 of 2009(C) -------------------------- PETITIONER(S): --------------- C.D.SUKUMARAN NAIR, S/O.PADMANABHAN NAIR S/O.PADMANABHAN NAIR, ADVOCATE, KORATTIYIL HOUSE, KURIANADU POST, PALA. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): --------------- 1. THE SECRETARY, UZHAVOOR GRAMA PANCHAYATH UZHAVOOR POST, KOTTAYAM-686634. 2. THE ASST. EXECUTIVE ENGINEER, PWD ROADS SECTION, KURAVILANGADU. ADV. SRI.J.JULIAN XAVIER FOR R1 SRI.FIROZ K.ROBIN FOR R1 SRI. V. MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22261 of 2009(C) 2 APPENDIX EXT.P1 - A TRUE COPY OF THE LEASE DEED DATED 20.8.2004 EXECITED BY THE PETITIONERS WIFE. EXT.P2 -A TRUE COPY OF THE LEASE DEED DATED 31.10.2005 DO.DO. EXT.P3 - A TRUE COPY OF THE PETITION DEED DATED 30.3.2007. EXT.P4 - A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 29.9.2008. EXT.P5 - A TRUE COPY OF THE REPLY DATED 10.11.2008 BY THE 1ST RESPONDENT. EXT.P6 - A TRUE COPY OF THE APPLICATION AND THE ACCOMPANIMENTS BY THE PETITIONER DATED 24.11.2008. EXT.P7 - A TRUE COPY OF THE ORDER DATED 24.1.2009 BY THE 1ST RESPONDENT. //TRUE COPY// P.A.TO JUDGE THOTTATHIL B RADHAKRISHNAN , J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 22261 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2009 J U D G M E N T The petitioner made Ext.P6 application for regularization of a construction. That application is dated 24.11.2008. On that date itself, the Secretary of the Gramapanchayat write to the Asst.Engineer of the PWD (Roads) forwarding sight plan. On 20.11.2009 the Asst. Engineer issued Ext.R(1)f stating that in terms of the Highway Protection Act, no objection certificate for the construction had to be obtained. Getting on Ext.R(1)f, the Panchayat Secretary has issued impugned Ext.P7 on 24.1.2009. This is the only issue that needs to be decided now. Exts. P7 and Ext.R(1)f proceeds on the premise that the Highway Protection Act complies with the issue covered in favour of the petitioner as per judgment of this Court in Mohammed vs. Chirakandam Grama Panchayat (2008(3)KLT 300). Hence Ext.P7 is liable to be constructed down leaving the Secretary, Grama Panchayat to issue decision on Ext.P6 in accordance with law. WPC.22261 of 2009 : 2 : 2. The learned Government Pleader also states that on 13.2.2009 the Asst.Engineer has written to the Higher Authorities that Highway Protection Act need not be considered for the aforesaid reason. This writ petition is allowed quashing Ext.P7 and directing the Panchayat shall issue orders on Ext.P6 in accordance with law within a period of four weeks from the date of receipt of a copy of this judgment. All other issues on merit are left open. Sd/- ( THOTTATHIL B RADHAKRISHNAN, JUDGE) //True copy// P.A. to Judge jma