IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26183 of 2008(P)
1. K.M.PRAVEEN
... Petitioner
2. SIDDIQUE K.K.
Vs
1. THE CORPORATION OF CALICUT
... Respondent
2. THE EXECUTIVE ENGINEER
3. THE CHIEF ENGINEER (PWD)
4. THE STATE OF KERALA
For Petitioner :SRI.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/09/2008
O R D E R
ANTONY DOMINIC, J
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W.P.(C).No.26183/2008
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Dated this the 2nd day of September, 2008
JUDGMENT
The prayer sought for in this writ petition is for a
direction to the second respondent to consider and pass
orders on Exts.P2 and P3 applications. According to the
petitioner, these applications are not considered because of
Exts.P4 and P5, communications issued by respondents 3
and 4, fixing the control line and building line. This court, in
the decision reported in Peer Muhammed V.
Chirakandam Grama Panchayat (2008(3) KLT 300) has
already held that, in the absence of a notification and
publication under the Highway Protection Act, 1999, fixing
of control line and building line, Exts.P4 and P5 cannot be
enforced. It is now conceded by the respondents before me
that there is no such notification or publication in so far as
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the issue covered by Exts.P2 and P3 also.
Accordingly, the writ petition is disposed of directing
that the second respondent shall take up, consider and pass
orders on Exts.P2 and P3, on merits and pass orders
thereon.
Petitioner shall produce a copy of the judgment before
the second respondent for compliance.
ANTONY DOMINIC
JUDGE
vi.
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