IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 22879 of 2008(W) -------------------------- PETITIONER(S): --------------- DINESH G., AGED 38 YEARS, S/O.G.GOPALA PILLAIM MANGALASSERY, CHENGAMANADU P.O., KOTTARAKARA. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------- THE MELILA GRAMA PANCHAYATH, MELILA REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY AUTHORITY, KOLLAM. ADDL. R2 IS IMPLEADED VIDE ORDER DT. 3-9-2008 IN I.A. 11307/08. ADV. SRI.K.C.PETER FOR R1 SRI.PREMCHAND R.NAIR FOR R1 GOVT.PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 22879/2008. -------------------------------------------------------------------- EXT.P1 TRUE COPY OF APPLICATION DT. 4-7-2008. EXT.P2 LETTER DT. 26-7-2008. EXT.P3 LETTER DT. 2-4-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 22879 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 21st November, 2008. J U D G M E N T Petitioner's grievance in this writ petition is that his application for building permit is not being considered by the 1st respondent on the ground that the no objection certificate from the 2nd respondent has not been received. According to the petitioner, in view of the judgment of this Court in Peermohammed M. v. The Chirakandam Grama Panchayat, 2008(2) KLJ 856, in so far as for determining the building line and control line, gazette notification is necessary, which has not been issued, the 2nd respondent cannot reject the request for no objection certificate. Learned counsel for the 1st respondent- Panchayat submits that as soon as no objection certificate is received from the 2nd respondent, petitioner's application would be processed. Learned Government Pleader submits that the 2nd respondent would require some more time to consider the matter. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The 2nd respondent shall return the papers relating to the application of the petitioner for permit forwarded to the 2nd respondent by the 1st respondent with his views on the same within one month from the date of receipt of a copy of this judgment. While doing so, the 2nd respondent shall keep in mind the judgment referred to above and if going by the judgment the 2nd respondent is bound to issue no objection certificate, the same shall be forwarded to the 1st respondent. On receipt of the papers from the 2nd respondent, the 1st W.P.C. No. 22879/2008 -: 2 :- respondent shall pass orders on Ext. P1 application of the petitioner within a further period of one month therefrom. S. Siri Jagan, Judge. Tds/