Leelamma vs The Adimaly Grama Panchayath
2021 Latest Caselaw 14725 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                   WP(C) NO. 32025 OF 2017
PETITIONER:
          LEELAMMA,AGED 70 YEARS
          W/O.PAILY,KANIYATTU HOUSE,
          VALARA POST,MANNAMKANDOM VILLAGE,
          DEVIKULAM TALUK,IDUKKI DISTRICT.

         BY ADVS.
         SRI.S.JIJI,
         SRI.NAIJU RAVINDRANATH


RESPONDENTS:
    1     THE ADIMALY GRAMA PANCHAYATH
          GRAMA PANCHAYATH OFFICE, ADIMALY POST,
          IDUKKI-685561, REPRESENTED BY ITS SECRETARY.

    2    THE TAHASILDAR
         TALUK OFFICE COMPLEX, DEVIKULAM, IDUKKI -685 613.

    3    THE ASST. EXECUTIVE ENGINEER
         N.H. SUB DIVISION, KOTHAMANGALAM,
         ERNAKULAM DISTRICT-685 613.

    4    THE EXECUTIVE ENGINEER
         N.H. DIVISION, MUVATTUPUZHA,ERNAKULAM -685 565.

    5    THE CHIEF ENGINEER PWD
         NATIONAL HIGHWAYS, MUSEUM,
         THIRUVANANTHAPURAM-695 033.

 ADDL R6 THE MINISTRY OF ROAD TRANSPORT AND HIGHWAY,
         GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY
         IS IMPLEADED SUO MOTU AS ADDITIONAL R6 AS PER ORDER
         DATED 14.11.2017

         R2 TO R5. SRI.SURIN GEORGE IP, GP
         ADDL.R6 - SRI.P.VIJAYAKUMAR, ASGI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 32025 OF 2017
                             -2-



                          JUDGMENT

This writ petition is filed by the petitioner

seeking the following reliefs:-

"i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd and 3rd respondents to issue NOC for the proposed building construction after accepting legal license fee if any and without insisting for the so called consultancy report.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to building permit to the petitioner for her proposed building construction without insisting for the NOC other respondents."

2. According to the petitioner, the National

Highway has no authority to insist the petitioner

to secure a No Objection Certificate (NOC) from

the National Highway Authority for putting up any

construction by the side of the National Highway.

3. Facts may not much relevance in view of

the peculiar contention raised by the petitioner

and in view of the counter affidavit filed by the

National Highway producing the appropriate WP(C) NO. 32025 OF 2017

notification empowering the National Highway to

insist for NOC.

4. Government of India Ministry of Road

Transport & Highways, New Delhi, has issued a

notification dated 24.07.2013 to all the State

Governments and guidelines/norms for access

permission to Fuel Stations, Private Properties,

Rest Area Complexes and such other facilities

along the National Highways are issued. On going

through the said guidelines it is clear that,

every owner of the property by the side of the

National Highway has to secure necessary NOC from

the National Highway.

5. Infact after going through the counter

affidavit as well as the document produced by the

National Highway Authority, learned counsel for

the petitioner submitted that, petitioner would be

satisfied if the writ petition is disposed of

leaving open the liberty of the petitioner to WP(C) NO. 32025 OF 2017

approach the appropriate statutory authority under

the Ministry of Road Transport and Highway,

Government of India.

Therefore, after having heard learned counsel

for the petitioner Sri.Jiji S., learned Senior

Government Pleader Sri.Surin George Ipe and the

learned Assistant Solicitor General of India

Sri.P.Vijayakumar and perusing the pleadings and

materials on record, the prayers sought for in the

writ petition are declined. However, I leave open

the liberty of the petitioner to approach the

National Highway Authority, in accordance with

law, seeking No Objection Certificate for putting

up construction in the property of the petitioner.

SD/-

SHAJI P.CHALY JUDGE hmh WP(C) NO. 32025 OF 2017

APPENDIX OF WP(C) 32025/2017

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE PATTA NO. 13912 DATED 28.1.1994 ISSUED BY THE SPECIAL TAHASILDAR (L.A) DEVIKULAM.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 12.4.17

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26.09.2016 ISSUED BY THE MANNAMKANDOM VILLAGE OFFICER.

EXHIBIT P4 TRUE COPY OF THE SITE PLAN PREPARED BY A CIVIL CONSULTANT

EXHIBIT P5 TRUE COPY OF THE BLUE PRINT OF THE PROPOSED BUILDING PREPARED BY A CIVIL CONSULTANT

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 1.3.2017 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P7 TRUE COPY OF THE SITE PLAN PREPARED BY A TAHASILDAR DATED 6.6.2017

EXHIBIT P8 TRUE COPY OF THE REQUEST DATED 25.9.2017 SUBMITTED BY THE PETITIONER

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 27.9.2017 ISSUED BY THE 2ND RESPONDENT

RESPONDENT ANNEXURE: NIL