IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 25491 of 2008(I) ------------------------------------- PETITIONERS: --------------------- 1. C.V.SANTHOSH, S/O.C.A.VISWANATHAN, AGED 42 YEARS, CHALIPPATTU HOUSE, VATANAPPILLY VILLAGE, CHAVAKKADU TALUK, THRITHALLUR POST, TRICHUR DISTRICT, PIN -680 619. 2. C.V.RAJEESH, S/O.C.A.VISWANATHAN, AGED 40 YEARS, CHALIPPATTU HOUSE, VATANAPPILLY VILLAGE, CHAVAKKADU TALUK, THRITHALLUR POST, TRICHUR DISTRICT, PIN 680 619. BY ADV. MR.NELSON J.MANAYIL. RESPONDENTS: ------------------------ 1. VATANAPPILLY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, P.O.VATANAPPILLY, TRICHUR. 2. EXECUTIVE ENGINEER, N.H.DIVISION, KODUNGALLOOR. R1 BY ADVS. MR.N.RAGHURAJ, SMT.K.AMMINIKUTTY, R2 BY GOVT. PLEADER MR. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25491/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: THE APPLICATION SUBMITTED BY THE PETITIONERS TO THE R.2. ON 30/07/2008. EXT.P.2: THE LETTER NO. A1-120/08-09 DTD. 05/08/2008 ISSUED BY THE R.1. TO THE R.2. EXT.P.3: THE 2ND RESPONDENT EXECUTIVE ENGINEER REJECTING THE REQUEST OF THE GRAMA PANCHAYAT TO GRANT N.O.C. VIDE HIS LETTER NO. D3.685/08 DTD. 16/08/2008 TO THE R.1. GRAMA PANCHAYAT. EXT.P.4: JUDGMENT DTD. 03/07/2008 OF THE HONOURABLE HIGH COURT OF KERALA IN W.P.(C). NOS.8948, 8987,11794, 11814, 12320, 12612, 12668 & 13880 OF 2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25491 of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of July, 2009. JUDGMENT The petitioners challenge the rejection of an application for building permit on the ground that clearance could not be given on the basis of a rule of set back from a National Highway. Admittedly, the rule in question is not notified. Obviously, the case of the petitioners is covered in their favour as per the judgment dated 10.6.2009 in WP(C).14640/2009 and connected cases. Accordingly, the impugned orders are quashed and it is ordered that the application of the petitioner shall be treated applying the law as it was in force on the date of the application and without reference to the grounds stated in the impugned order. All other issues are left open. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/250709