JUDGMENT

Dated this the 21st day of December, 2022 The petitioner is aggrieved by the denial of Building Permit applied for by the petitioner. The petitioner states that he applied for a Building Permit for construction of a commercial building on 19.12.2022. The 5th respondent- Secretary to the Kadamakudy Grama Panchayat has not considered Ext.P1 Building Permit application on the ground that the petitioner has not produced Access Permit from the 4th respondent-Project Director, National Highway Authority of India.

2. The petitioner states that he has already applied for Access Permit from the 4th respondent. However, if the issuance of Building Permit is withheld pending consideration of that application, the petitioner will be put to difficulty.

3. Counsel for the petitioner pointed out that in similar circumstances this Court has considered the necessity of Access Permit from the National Highway Authority of India for the purpose of issuance of Building Permit, in W.P.(C) No.26255 of 2020. In the said writ petition, this Court has held that if the petitioner makes an undertaking that he will be making an application for Access Permit before the National Highway Authority of India