High Court Kerala High Court

V.O.Paulose vs Union Of India on 6 January, 2010

Kerala High Court
V.O.Paulose vs Union Of India on 6 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30222 of 2009(W)


1. V.O.PAULOSE, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REPRESENTED BY
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY ITS

3. THE SECRETARY, CHALAKUDY MUNICIPALITY,

                For Petitioner  :SRI.RAJIT

                For Respondent  :SRI.THOMAS ANTONY

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :06/01/2010

 O R D E R
                         ANTONY DOMINIC, J.
                   -------------------------
                   W.P.(C.) No.30222 of 2009 (W)
              ---------------------------------
              Dated, this the 6th day of January, 2010

                           J U D G M E N T

Challenge in the writ petition is against Exts.P4 & P5. The

petitioner made an application to the 3rd respondent for a building

permit. That was rejected by Ext.P4 on the ground that by Ext.P5

letter of the 1st respondent, it has been directed to issue building

permit only by freezing construction activities within the private

boundary for 7.50m. on either side from the new 45m. ROW, and

maintaining the existing building line rules of the State Government.

It is challenging Exts.P4 & P5, this writ petition is filed.,

2. Dealing with similar cases, in the judgment in Peer

Mohammed v. Chirakandam Grama Panchayat (2008(3) KLT 300)

this Court has held that fixation of building line and control line are

to be done in terms of Section 18 of the Highway Protection Act, by

issuing a notification, which has to be published in the Official

Gazette and news papers.

In this case, Ext.P5 is only a communication issued by the 1st

WP(C) No.30222/2009
-2-

respondent to the 3rd respondent, which does not answer the

requirement of Section 18 of the Act. For that reason, Exts.P4 & P5

are to be set aside and I do so. The 3rd respondent is directed to

reconsider the application made by the petitioner for building

permit in accordance with law, and pass appropriate orders thereon

as expeditiously as possible, at any rate, within four weeks of

receipt of a copy of this judgment.

This writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg