IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 26209 of 2008(T) -------------------------- PETITIONER(S): ------------------ T.P.ABDUL HAMEED HAJI, S/O.MUHAMMED KUNJI, AGED 56 YEARS, RAINBOW HOUSE, CHOOTTAD, KANNUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENT(S): -------------------- 1. THE SECRETARY, MUNICIPALITY, KANNUR. 2. EXECUTIVE ENGINEER, PWD, NH DIVISION, KANNUR. ADDL.R3. THE CHIEF ENGINEER, PWD, NATIONAL HIGHWAY, TRIVANDRUM. ADDL.R4. THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS (H) DEPARTMENT, TRIVANDRUM. (ADDL.R3 AND R4 ARE IMPLEADED AS PER ORDER DT. 11.11.2008 IN IA 14371/08) ADV. SRI.K.K.CHANDRAN PILLAI FOR R1 GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26209/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF the ACKNOWLEDGMENT FROM THE MUNICIPALITY DT 13.2.2008. EXT.P2: TRUE COPY OF THE SITE PLAN. EXT.P3: TRUE COPY OF ORDER ISSUED BY 2ND RESPONDENT DT 8.5.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 26209 OF 2008 (T) ==================== Dated this the 18th day of December, 2008 J U D G M E N T By Ext.P3, the application for no objection was rejected by the Executive Engineer, PWD, NH Division following the Government orders requiring a minimum clearance of 35 metres from the centre of the road to the building line. The communications issued by the Government fixing the aforesaid distance has already been set aside by this Court in the judgment in Peer Mohammed v. Chirakandam Grama Panchayat (2008(3) KLT 300). In the light of that judgment, rejection by Ext.P3 cannot be sustained and it is quashed. Therefore, the writ petition is disposed of directing that the matter shall be reconsidered by the 2nd respondent and fresh orders shall be passed in accordance with law. ANTONY DOMINIC, JUDGE Rp