IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17638 of 2008(Y)
1. KHADEEJA.V., VALIYAPARAMBIL HOUSE,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.M.P.ASHOK KUMAR
For Respondent :SRI.P.K.VIJAYAMOHANAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/08/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 17638 of 2008
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Dated: AUGUST 26, 2008
JUDGMENT
The challenge in this writ petition is against Ext.P3
by which a building permit applied for by the petitioner
has been rejected by the 1st respondent relying on Ext.P4
communication issued by the Government. By Ext.P4, the
distance of control line from the center of the road and of
the building line from the center of the road have been
fixed. Challenging the said order, writ petitions were filed
before this Court and in Peer Mohammed v. Chirakandam
Grama Panchayat – 2008 (3) KLT 300 this Court has
already held that Ext.P4 is not enforceable in the absence
of a notification under the Highway Protection Act.
In view of the judgment referred to above, Ext.P3 has
only to be quashed and I do so. It is directed that the 1st
WP(C) 17638 of 2008
2
respondent shall reconsider the application of the petitioner
and pass orders thereon as expeditiously as possible, and
at any rate, within four weeks of production of a copy of this
judgment.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
mt/-