IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23110 of 2009(G)
1. UMMUSALMA,ARIPURAVAN PARAKKAL HOUSE,
... Petitioner
2. M.K.SAJNA,ARIPURAVAN PARAKKAL HOUSE,
Vs
1. THE MALAPPURAM MUNICIPALITY,REPRESENTED
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :20/08/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.23110 OF 2009
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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.