IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 23110 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. UMMUSALMA,ARIPURAVAN PARAKKAL HOUSE, MELMURI,KONOMPARA,MALAPPURAM DISTRICT. 2. M.K.SAJNA,ARIPURAVAN PARAKKAL HOUSE, MELMURI,KONOMPARA,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- THE MALAPPURAM MUNICIPALITY,REPRESENTED BY ITS SECRETARY,MALAPPURAM,MALAPPURAM DISTRICT. BY ADV.N.ABDUL MAJEED, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23110 OF 2009 ------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT The petitioners' application for building permit has been rejected on the ground that there is a proposal to acquire their property for widening of a road and also on ground referable to the provision for 35 metres distance from the centre of the adjoining highway. In the absence of any notification under Section 18(2) of the Highway Protection Act, 1999, there cannot be any insistence of the said distance rule. Equally, with no notification having been made under the Land Acquisition Act for acquiring the property, there cannot be any objection referable to proposal to acquire land. Therefore, following the judgment in Peer Muhammed v. Chirakkandam Grama Panchayat [2008(3) KLT 300], it is ordered that in the absence of notifications under the Land Acquisition Act and under Section 18(2) of the Highway Protection Act, 1999, the application of the petitioners shall be considered and ordered without reference to the grounds raised in Ext.P1. This shall be done after getting WPC.23110/09 Page numbers proper instructions from the PWD. To enable that process, Ext.P1 is quashed. Let the needful be done within a period of 45 days from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.22/8.