IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 26331 of 2009(J) -------------------------- PETITIONER(S): --------------- ABDUL KHADER, S/O.MOHAMMED HAJI, AGED 51, RESIDING AT CHOLAKKATTIL HOUSE, MANNADIKAVU, PO PONMUNDAM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.HARISH R. MENON RESPONDENT(S): --------------- 1. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (PWD), NATIONAL HIGH WAY DIVISION MALAPPURAM, MALAPPURAM DISTRICT. 2. THE ASST.EXECUTIVE ENGINEER, NATIONAL HIGH WAY SUB DIVISION, KUTTIPPURAM, MALAPPURAM DISTRICT-579 571. 3. VALANCHERRY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VALANCHERRY, MALAPPURAM DISTRICT. ADV. SRI.BABU S. NAIR FOR R3 BY GP V MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 26331/2009) PETITIONER'S EXTS. EXT.P1 TRUE COPY OF THE ORDER NO.D1.1237/04 DTD. 21.1.2006. EXT.P2 TRUE COPY OF THE PLAN APPROVED BY THE R3. EXT.P3 TRUE COPY OF THE PLAN APPROVED BY R3. EXT.P4 TRUE COPY OF THE PLAN APPROVED BY R3. EXT.P5 TRUE COP OF THE PLAN APPROVED BY R3. EXT.P6 TRUE COPY OF THE BUILDING PERMIT ISSUED BY R3 TO THE PETITIONER DTD.11.3.2009. EXT.P7 TRUE COPY OF THE STOP MEMO DATED 6.7.2009 ISSUED BY R3 TO THE PETITIONER. EXT.P8 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE R3. EXT.P9 TRUE COPY OF THE ORDER DATED 24.8.2009 ISSUED BY R3. EXT.P10 TRUE COPY OF THE LETTER DTD. 27.8.2009 ISSUED BY R3 TO R1. lgk THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 26331 OF 2009 ............................................ DATED THIS THE 30TH DAY OF SEPTEMBER, 2009 JUDGMENT The petitioner faces Ext.P9 requiring him to stop construction of a building, on a ground referable to instructions of the first respondent, Executive Engineer of the National Highway Division. 2. The petitioner applied for building permit on 27.9.2008 and obtained Ext.P6 building permit. The construction on the basis of that permit is now ordered to be stopped. While the petitioner shows Ext.P1 NOC issued by Assistant Executive Engineer of National Highway Sub Division, I think the matter requires consideration of the Executive Engineer of the National Highway Division because, for one thing, Ext.P1 is issued way back on 21.1.2006 on a request made sometime in 2005 supported by a letter of the Secretary of the panchayat on 22.12.2005. But when the building permit is issued only in 2009, that too, on an application dated 27.9.2008, I do not find any illegality if the first respondent is again to look into the matter. Wpc 26331/2009 2 However, the matter cannot be delayed, since the petitioner spends funds for the construction. Accordingly, it is ordered that the first respondent will hear the petitioner with reference to the materials and take a decision as to how the petitioner can carry out the construction. Any modality for modification will also be immediately suggested, if required. Let this exercise be undertaken within a period of three weeks from the date of receipt of a copy of this judgment, since the construction activity of the petitioner stands interdicted by the impugned order. All issues on merits are left open. The writ petition is ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/1/10