PEERMOHAMMED M. Vs. THE CHIRAKANDAM GRAMA PANCHAYATH

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.

(2.) 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. P4, 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. P4, the 1st respondent issued Ext. P5 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.

(3.) IT was by Ext. P4 that the 1st respondent sought NOC from the 4th respondent and on this communication itself the 4th respondent has passed the order declining NOC. This document also contains the recommendation of the Assistant Executive Engineer, National Highway, Sub Division, in the following terms: