Kerala High Court
Kochumuhammed vs State Of Kerala on 3 October, 2024
WP(C) NO. 27106 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 27106 OF 2024
PETITIONERS:
1 KOCHUMUHAMMED,
AGED 75 YEARS
S/O. MAKKAR, THANATHUPARAMBIL HOUSE,
KAIPAMANGALAM, 7, KAIPAMANGALAM P.O.,
THRISSUR DISTRICT, PIN - 680681
2 SIVAKUTTY,
AGED 73 YEARS
W/O. KOCHUMUHAMMED, THANATHUPARAMBIL HOUSE,
KAIPAMANGALAM, 7, KAIPAMANGALAM P.O.,
THRISSUR DISTRICT, PIN - 680681
BY ADVS.
V.N.HARIDAS
SAIFUDEEN T.S
B.SHAMEERA
NIMISHAMOL SASIDHARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SCRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KAIPAMANGALAM GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,KAIPAMANGALAM GRAMA
PANCHAYAT OFFICE,KAIPAMANGALAM,
KAIPAMANGALAM P.O.,
THRISSUR DISTRICT, PIN - 680681
WP(C) NO. 27106 OF 2024
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3 THE SECRETARY,
KAIPAMANGALAM GRAMA PANCHAYAT,KAIPAMANGALAM GRAMA
PANCHAYAT OFFICE,KAIPAMANGALAM, KAIPAMANGALAM
P.O.,THRISSUR DISTRICT, PIN - 680681
4 NATIONAL HIGHWAYS AUTHORITY OF INDIA ,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
GOVERNMENT OF INDIA,
REPRESENTED BY ITS CHAIRMAN, G 5 & 6,
SECTOR 10, DWARKA, NEW DELHI, PIN - 110075
5 NATIONAL HIGHWAY AUTHORITY OF INDIA,
REPRESENTED BY ITS PROJECT DIRECTOR, PROJECT
IMPLEMENTATION UNIT, VII/511 B NEITHELI-MAVELIPURAM
ROAD,MAVELIPURAM, KAKKANAD P.O.,
ERNAKULAM DISTRICT, PIN - 682030
BY ADVS.
R.RAJPRADEEP
Salil Narayanan K.A.
OTHER PRESENT:
SMT.DEVI SHRI R., GP, SRI.BIDAN CHANDRAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27106 OF 2024
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MOHAMMED NIAS C.P., J.
=========================
W.P(C) No. 27106 of 2024
=========================
Dated this the 03rd day of October, 2024
JUDGMENT
The petitioners challenge Ext.P5 by which the application
submitted by them for a building permit has been returned, stating four
defects, one of which is that the NH access permission was not submitted.
The petitioners submitted that the matter is covered in his favour by Ext.P7
judgment dated 23.11.2022 in W.P(C) No. 34586 of 2022.
2. Given the above, there will be a direction to respondents 2 and 3
to consider the application submitted by the petitioners for a building
permit without insisting on the NOC from the NHAI (National Highway
Authority of India) and to take an appropriate decision thereon within four
weeks from today. It is made clear that this judgment will not stand in the
way of NHAI taking any proceedings against the petitioners on the
requirement of the NOC/access permit the situation warrants. The other
defects pointed out in Ext.P5 will have to be cured by the petitioner as his
WP(C) NO. 27106 OF 2024
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judgment only dealt with the requirement of NOC.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) NO. 27106 OF 2024
2024:KER:73339
APPENDIX OF WP(C) 27106/2024
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE
KAIPAMANGALAM VILLAGE OFFICE DATED 16.04.2024
EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER, KAIPAMANGALAM
VILLAGE OFFICE DATED 12.05.2024
EXHIBIT P3 A TRUE COPY OF THE ARBITRAL AWARD GRANTED BY
THE COMPETENT AUTHORITY, LAND ACQUISITION FOR
THE PROPERTY HAVING AN EXTENT OF 0.0045
HECTARES COMPRISED IN SY NO.367/3B DATED
31.12.2021
EXHIBIT P4 A TRUE COPY OF THE ARBITRAL AWARD GRANTED BY
THE COMPETENT AUTHORITY, LAND ACQUISITION FOR
THE PROPERTY HAVING AN EXTENT OF 0.0115
HECTARES COMPRISED IN SY NO.367/3B DATED
31.12.2021
EXHIBIT P5 A TRUE COPY OF THE ORDER ISSUED BY THE 3RD
RESPONDENT, REJECTING THE APPLICATION
SUBMITTED BY THE PETITIONERS FOR THE BUILDING
PERMIT, DATED 01.07.2024
EXHIBIT P6 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO.14365 OF 2022 DATED
27.02.2023
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO.34586 OF 2022 DATED
23.11.2022
RESPONDENT EXHIBITS :
EXHIBIT R3(A) A TRUE COPY OF THE REPLY DATED 19.10.2022
ISSUED BY THE G.M.(T) AND PD OF THE NHAI
// True Copy // PA To Judge
