A ABDUL FAROOK Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) PETITIONER has come forward with this writ petition for issuance of a writ of certiorari calling for the records pertaining to the order of the second respondent in Na. Ka. No. 1977 of 2004 dated 23. 10. 2004 and to quash the same.

(2.) BY the impugned proceedings, the second respondent granted No Objection Certificate on re-examination of the requisition made by one Thiru. Ravichandran for issuance of No Objection Certificate for construction of two arches in the places, one at the side road of four road junction of Perambalur and another at the side road of three road junction of Thuraimangalam. While considering the said requisition by a Council resolution No. 51/6 dated 24. 11. 2004, the Council is stated to have approved the decision of the Executive Officer to issue No Objection Certificate in the proceedings in Na. Ka. No. 1977/2004, dated 23. 10. 2004 for construction of above two arches in commemoration of birthday ceremony of the Honourable the Chief Minister. The resolution however stated that such approval is subject to the consent being extended by the National Highways Authority and State Highways Authority.

(3.) WHEN the writ petition was moved before this Court on 29. 1. 2005, while ordering notice, a statement was made by the learned Government Advocate that the construction of arches would be stopped awaiting the response of the National Highways Authorities and the State Highways Authorities. After service of notice, when the matter was called today, learned Additional Solicitor General representing the 6th respondent, viz. , the Chairman of National Highways Authorities of India, made a statement before this Court confirming that the proposed constructions do not come within the limits of the National Highways existing as well as the proposed four lanes as on date and that any construction made will be subject to any future proposal for the expansion of National Highways.