ABDUL NAZAR A Vs. CHERANALLOOR GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to respondents 3 and 4 to issue No Objection Certificate (NOC) for carrying out a construction on the second floor of a building owned by the petitioner in Re-survey No.548/8 of Cheranalloor Village, Ernakulam District. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner obtained Ext.P1 building permit from the 1 st respondent Panchayat in February, 2009 for construction of a three-storied building (ground plus two floors) in his property situate in Cheranalloor Village of Ernakulam District. The validity of the building permit was for a period of three years. It was further renewed for a period of three years from 04.02012 to 03.02015. However, due to paucity of funds, petitioner could not complete the construction within the renewed period. Again, a renewal was sought for as per Ext.P2, and the 2nd respondent renewed the permit for a further period of three more years.

(3.) Petitioner completed construction of the ground and first floors and the Panchayat has assigned number to the building in the year 2017. Petitioner has also remitted the property tax for the completed construction, evident from Exts.P3 and P4. During February, 2018, petitioner applied for further renewal of Ext.P1 building permit to construct the second floor. The 1st respondent declined to renew Ext.P1, stating that, once granted, the permit can be renewed only twice. Thereupon, petitioner applied for fresh building permit on 104.2018, evident from Ext.P5 acknowledgement issued by the 1st respondent. It was sought for to construct two residential units on the second floor of the existing building. Petitioner was thereupon informed by the 2nd respondent that, in view of Ext.P6 communication from the 4th respondent i.e., the Assistant Executive Engineer, Public Works Department (National Highway Sub Division), Aluva, application for NOC could be considered only after approval of new alignment for the National Highway and fixation of boundary. It is thus seeking specified directions, this writ petition is filed.