IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 17638 of 2008(Y) ---------------------------------------- PETITIONER: -------------------- KHADEEJA.V., VALIYAPARAMBIL HOUSE, ANGADIPPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ------------------------ 1. THE SECRETARY, PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE EXECUTIVE ENGINEER, NATIONAL HIGH WAY DIVISION, PWD (H) DEPARTMENT, MALAPPURAM DISTRICT. ADV. SRI.P.K.VIJAYAMOHANAN FOR R1 BY GOVERNMENT PLEADER SRI. K.V.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17638/2008 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DTD. 18/11/2007. EXT.P2: COPY OF THE ORDER DTD. 12/03/2008. EXT.P3: COPY OF THE LETTER DTD. 05/04/2008. EXT.P4: COPY OF THE LETTER DTD. 18/10/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 17638 of 2008 -------------------------------------------------------- Dated: AUGUST 26, 2008 JUDGMENT The challenge in this writ petition is against Ext.P3 by which a building permit applied for by the petitioner has been rejected by the 1st respondent relying on Ext.P4 communication issued by the Government. By Ext.P4, the distance of control line from the center of the road and of the building line from the center of the road have been fixed. Challenging the said order, writ petitions were filed before this Court and in Peer Mohammed v. Chirakandam Grama Panchayat - 2008 (3) KLT 300 this Court has already held that Ext.P4 is not enforceable in the absence of a notification under the Highway Protection Act. In view of the judgment referred to above, Ext.P3 has only to be quashed and I do so. It is directed that the 1st WP(C) 17638 of 2008 2 respondent shall reconsider the application of the petitioner and pass orders thereon as expeditiously as possible, and at any rate, within four weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-