IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Kausalya – Appellant
Versus
Union Of India – Respondent
WP(C) No. 8127 of 2026
| Table of Content |
|---|
| 1. summary of petitioner's grievance regarding the failure to issue a no objection certificate for residential building habitation after land acquisition. (Para 1 , 2) |
| 2. court's directive requiring procedural compliance by the petitioner and subsequent mandatory processing by the railway and panchayat authorities. (Para 3 , 4 , 5) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
" i. Issue a writ of mandamus or any other writ order or direction directing the third respondent to issue the No Objection Certificate in order to produce before the fourth respondent Panchayath to get the building number.
ii. Direct the third respondent to act upon Ext.P5 & Ext.P6 issue the No Objection Certificate to the fourth respondent Panchayath authorities in order to allot the building number enabling the petitioner and family to reside in the building.
iii. Dispense with the filing of English translation of vernacular documents.
iv. Issue such other reliefs which may deem fit and proper in the facts and circumstances of the above writ petition."
[SIC]
2. It is the case of the petitioner that the property with residential building in Sy.No. 178/16A, 2B of Kodamthuruth Village has been acquired for doubling the railway line. Petitioner was allowed to construct a building in the balance property as it was included in the rehabilitation scheme, is the contention of the petitioner. The construction of the building is over. According to the petitioner, No Objection Certificate from the 3rd respondent is required. Ext.P5 is the representation submitted by the petitioner before the 3rd respondent seeking issuance of the No Objection Certificate. The process fee has been submitted as required by the Railway, is the further submission. The application for issuance of the No Objection Certificate is pending before the Railway.
Hence, this Writ Petition is filed.
3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Panchayat and the learned Central Government Counsel.
4. A statement is filed on behalf of respondents 1 and 3. It will be better to extract the relevant portion of the above statement:
“5. Vide letter dated 12.03.2026, the report of the Construction Unit has been received. True copy of the letter No. W.280/CN/II/ERS/NOC/Vol.III dated 12.03.2026 is produced herewith and marked as Annexure R3 (a). Pursuant to annexure R3 (a), the Secretary of the 4th respondent Panchayat has been advised to inform the petitioner to submit the latest possession certificate and affidavit in the prescribed format within one month for further processing. True copy of the letter No. V/W.280/NOC/QLN/2725 dated 13.03.2026 is produced herewith and marked as Annexure R3 (b).
6. It is submitted that upon receipt of all relevant documents from the petitioner, the NOC will be issued duly after getting approval from the Competent Authority. ”
5. A perusal of the above statement would show that the Railway has taken the necessary steps. The Panchayat has now submitted that the petitioner has not produced the necessary documents. Counsel for the petitioner submitted that the necessary documents had already been produced. What ever that may be, if the necessary documents are received from the petitioner, the Panchayat will forward the same to the Railway forthwith in the prescribed format, and upon receipt of the same, the 3rd respondent will do the needful and pass appropriate orders within a period of one month from the date of receipt of the necessary documents.
With the above observation, the Writ Petition is disposed of.
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