IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 433 of 2009(B) ------------------------ PETITIONER(S): --------------- SAKINA MOHAMMED, ARAKAL HOUSE, THYNOTHU ROAD, ALUVA -1. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.K.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY. 2. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, VYTTILA, ERNAKULAM. 3. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, CHANDRA NAGAR, PALAKKAD. ADV. SRI.THOMAS ANTONY FOR R3 SHRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL SHRI.H.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.433 of 2009 --------------------------------- Dated, this the 28th day of January, 2009 J U D G M E N T The petitioner states that she made an application to the 1st respondent seeking building permit for the construction in 5.210 cents of land in Survey Nos.666/11 and 660/9 in Thrikkakara North Village of Kanayannur Taluk. According to the petitioner, on receipt of her application, the 1st respondent forwarded the same to the 2nd respondent and that the 2nd respondent in turn has forwarded the application to the 3rd respondent, and the matter is now pending before the 3rd respondent. 2. The learned standing counsel for the 1st respondent submits that clearance of respondents 2 & 3 was necessitated for the reason that the site in question is adjacent to the National Highway. 3. From the facts, it is clear that the application made by the petitioner will be considered by the 1st respondent only after necessary clearance is issued by the 3rd respondent, before whom the matter is now pending. Therefore, it is for the 3rd respondent to consider the request made by the 1st respondent for NOC in respect WP(C) No.433/2009 -2- of the building permit applied for by the petitioner. 4. In view of this, it is ordered that the 3rd respondent shall consider the request for NOC sought for by the 1st respondent in respect of the building permit applied for by the petitioner. Orders as directed above shall be passed as expeditiously as possible, at any rate, within four weeks of receipt of a copy of this judgment. 5. Once orders as above are passed and communicated to the 1st respondent, the 1st respondent shall pass final orders on the application submitted by the petitioner for building permit without any further delay. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg