COURT OF KERALA AT ERNAKULAM PRESENT THE…
Interim order made absolute: municipality to consider building permit application without insisting on NHAI NOC.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
WP(C) NO. 20133 OF 2021
PETITIONER:
MURALEEDHARA MENON
AGED 72 YEARS
S/O. PADMAVATHI AMMA, SUDARSHANA, THOTTAPPILLI HOUSE,
TKS PURAM, KODUNGALLUR - 680664.
BY ADVS.
P.J.JOSEPH JOHN
SINCY JACOB
RESPONDENTS:
1 KODUNGALOOR MUNICIPALITY, THRISSUR KODUNGALLUR P.O, KODUNGALLUR, THRISSUR - 680664, REPRESENTED THROUGH ITS SECRETARY.2 THE SECRETARY., THE KODUNGALLUR MUNICIPALITY, KODUNGALLUR P.O, KODUNGALLUR, THRISSUR - 680664.3 THE NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, REGIONAL OFFICE OF NATIONAL HIGHWAY AUTHORITY OF INDIA, MAVELIPURAM, KAKKANAD - 682030, REPRESENTED THROUGH ITS PROJECT DIRECTOR.BY ADV SHRI.K.A.NOUSHAD, SC, KODUNGALOOR
MUNICIPALITY, THRISSUR
OTHER PRESENT:
MATHEWS K PHILIP, NHAI SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.07.2024, ALONG WITH THE CONNECTED CASE, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.C.Nos. 20133 of 2021 & 20175 of 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
WP(C) NO. 20175 OF 2021
PETITIONER:
BIBIN BALAN
AGED 42 YEARS
S/O.BALAN, NEDIYARA HOUSE, TKS PURAM, KODUNGALLUR
P.O., THRISSUR 680 664
BY ADVS.
P.J.JOSEPH JOHN
SINCY JACOB
RESPONDENTS:
1 KODUNGALOOR MUNICIPALITY, KODUNGALLUR P.O., KODUNGALLUR, THRISSUR 680 664, REP.THROUGH ITS SECRETARY2 THE SECRETARY THE KODUNGALLUR MUNICIPALITY, KODUNGALLUR P.O., KODUNGALLUR, THRISSUR 680 6643THE NATIONAL HIGHWAY AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT, REGIONAL OFFICE OF
NATIONAL HIGHWAY AUTHORITY OF INDIA, MAVELIPURAM,
KAKKANAD 682 030, REP. THROUGH ITS PROJECT DIRECTOR
BY ADVS.
SHRI.K.A.NOUSHAD, SC, KODUNGALOOR MUNICIPALITY,
THRISSUR
K.P.SATHEESAN (SR.)
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
OTHER PRESENT:
MATHEWS K PHILIP, NHAI SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.07.2024, ALONG WITH THE CONNECTED CASE, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.C.Nos. 20133 of 2021 & 20175 of 2021
3
JUDGMENT
(Dated this the 17th day of July, 2024)
These writ petitions are filed for the following reliefs:
“i) Issue a writ of mandamus or any other writ or order directing the 2nd respondent to consider the application for building permit, without insisting for NO from the 3rd respondent and in accordance with law; ii) Pass such other orders as this Hon’ble Court shall deem just.”
the 1st and 2nd respondents to consider the building permit application submitted by the petitioner without insisting for NOC from the National Highway Authority and take a decision within a period of one month from the date of receipt of a copy of the order. It was also made clear that the interim order will not stand in the way of National Highway Authority taking any proceedings against the petitioner on the requirement of NOC/access permit, if situation so warranted.
Since these petitions were filed in the year 2021, these writ petitions are closed, making the interim order absolute.
Sd/- BASANT BALAJI JUDGE
Mms
W.P.C.Nos. 20133 of 2021 & 20175 of 2021
4
APPENDIX OF WP(C) 20133/2021
PETITIONER’S EXHIBITS
EXHIBIT P1A TRUE COPY OF THE TAX RECEIPT DATED
08/04/2021 IN THE NAME OF THE
PETITIONER.
EXHIBIT P2A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT FOR BUILDING PERMIT.
EXHIBIT P3A TRUE COPY OF THE COMMUNICATION DATED
07/06/2021 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER.
EXHIBIT P4A TRUE COPY OF THE JUDGMENT DATED
17/11/2020 IN W.P.(C) NO.22372/2020 OF
THIS HON'BLE COURT.
EXHIBIT P4A TRUE COPY OF THE JUDGMENT IN PEER
MUHAMMEDV.CHIRAKANDAMGRAMA
PANCHAYATH (2008 (3) KLT 300).
W.P.C.Nos. 20133 of 2021 & 20175 of 2021
5
APPENDIX OF WP(C) 20175/2021
PETITIONER’S EXHIBITS
Exhibit P1A TRUE COPY OF THE TAX RECEIPT DATED
28/10/2020 IN THE NAME OF THE
PETITIONER
Exhibit P2A TRUE COPY OF THE COMMUNICATION DATED
21/1/2021 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
Exhibit P3A TRUE COPY OF THE COMMUNICATION DATED
13/11/2021 ISSUED BY THE SPECIAL
TAHSILDAR (LA), NATIONAL HIGHWAY
66(17), KODUNGALLUR
Exhibit P4A TRUE COPY OF THE JUDGMENT DATED
17/11/2020 IN W.P.(C) NO.22372/2020 OF
THIS HON'BLE COURT
Exhibit P5A TRUE COPY OF THE JUDGMENT IN PEEER
MUHAMMEDV.CHIRAKANDAMGRAMA
PANCHAYATH (2008 (3) KLT 300)
1 issue framed by the court
Whether the municipality must consider building permit applications without insisting on an NOC from the National Highway Authority of India?
Colour shows how this judgement treated each authority
Peer Muhammed v. Chirakandam Grama PanchayathReferred
2008 (3) KLT 300
Muraleedhara Menon
Bibin Balan
Kodungaloor Municipality, Thrissur
The Secretary, The Kodungallur Municipality
The National Highway Authority of India, Project Implementation Unit, Kakkanad
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court