IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29232 of 2008(E)
1. K.P.JUVARIYA, AGED 45 YEARS,
... Petitioner
Vs
1. CORPORATION OF CALICUT, REPRESENTED BY
... Respondent
2. THE EXECUTIVE ENGINEER, PWD,
3. THE CHIEF ENGINEER (PWD), NATIONAL
4. THE STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SMT.PRABHA R.MENON
For Respondent :SRI.K.D.BABU,SC,KOZHIKODE CORPORATION
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/11/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)Nos. 29232 & 30998 OF 2008
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Dated this the 14th day of November, 2008
JUDGMENT
In these writ petitions, the grievance of the petitioners
is that their application for building permit is not being considered
on the ground that the petitioners have not produced No
Objection Certificate from the Executive Engineer of the National
Highway Division. Their contention is that without a gazette
notification fixing the building line, the question of denial of NOC
would not arise. They rely, for this proposition, on the decision of
this Court in Peer Muhammed V. Chirakandam Grama
Panchayat [2008(3) KLT 300]. The petitioners therefore,
seek the following reliefs:
“i) To issue a writ of mandamus or any other
appropriate writ order or direction directing the 1st
respondent not to insist on an No Objection Certificate to
grant a building permit.
ii) To issue a writ of mandamus or any other
appropriate writ order or directions directing the 2nd
respondent to consider and pass orders expeditiously on
Ext.P2 application ignoring Exhibit-P3 and P4 orders in the
light of the judgment in reported in 2008(3) KLT 300 and
Exhibit-P5″.
W.P.(C)NO.29232/08 & Con.case 2
2. The learned Government Pleader on instructions
submits that it is true that no gazette notification as
contemplated in the judgment in question has been issued.
That being so, the ratio of that decision squarely applies to the
facts of this case.
In the above circumstances, I dispose of this writ petition
with a direction to the 2nd respondent to consider Ext.P2
application of the petitioners for NOC in accordance with the
decision in Peer Muhammed’s case (Supra) and forward the
papers to the 1st respondent as expeditiously as possible, at
any rate, within a period of two weeks from the date of receipt
of a copy of this judgment. Thereafter the 1st respondent shall
consider and pass orders on the petitioners’ application for
building permit as expeditiously as possible at any rate, within
a period of one month from the date of receipt of the NOC
from the 2nd respondent.
S. SIRI JAGAN, JUDGE
Acd
W.P.(C)NO.29232/08 & Con.case 2