PEERMOHAMMED M Vs. CHIRAKKADAVU GRAMA PANCYAT

JUDGEMENT

(1.) THE issue raised in all these writ petitions being common, these cases are disposed of by this judgment. For convenience, I shall first dispose of W. P. (C)No. 8987/2008. W. P. (C) No. 8987 of 2008:

(2.) PETITIONER submits that by Sale Deed No. 2778/1 dated 21-12-2007, he has purchased 5. 19 Ares of land situated in Block No. 36 of Pampady Village. He wanted to construct a residential house and submitted a building plan before the pampady Grama Panchayat for obtaining necessary permit. Since his plot is abutting the National Highway, Exts. P-2 and P-3 applications were made for obtaining no Objection Certificate and permission for access to the highway.

(3.) ON receipt of the applications from the petitioner, the 1st respondent panchayat referred the matter to the 4th respondent, the Executive Engineer, national Highway, Roads Division, Muvattupuzha, seeking NOC from him. The 4th respondent considered the matter and by his order on Ext. P-4, declined to grant NOC stating that the building comes within the Building line and Control line, against the norms in the Kerala Highway Protection Act, 1999. On receipt of ext. P-4, the 1st respondent issued Ext. P-5 informing the petitioner that since the national Highway authorities have declined to grant NOC, the 1st respondent was unable to consider his request for building permit.