Sri. K. Madhukar Malli vs The Mangalore City Corporation Lalbagh

A.S. Bopanna, J.—The petitioner is before this Court assailing the endorsement dated 23.08.2012 at Annexure-A to the petition. He also seeks for issue of mandamus to respondent No. 2 to consider the representation at Annexure-E dated 18.11.2011. The brief facts are that the petitioner is the owner of the premises bearing R.S. No. 233/2A(P), 221/2, T.S. No. 317/2(P), 319/2 situate at Kadri village, Mangalore, D.K. In respect of certain constructions put up by the petitioner, the respondents have already initiated proceedings u/s 321(3) of the Karnataka Municipal Corporations Act, 1976, which has culminated in an appeal filed by the petitioner before the District Judge, Mangalore, in M.A. No. 24/2011. During the pendency of the said appeal, there appears to have been certain amendments to the Zonal Regulations. In that context, the petitioner seeks benefit of the same in respect of the construction which has been put up by him. Therefore, the petitioner has made the representation seeking consideration by the respondents keeping in view the construction put up by him in the light of the amendment made to the Zonal Regulations.

The respondents have however issued an endorsement dated 23.08.2012 stating that the representation made by the petitioner cannot be considered at this juncture when the appeal in M.A. No. 84/2011 is pending. It is in that context, the petitioner is before this Court. Though it may not be necessary to quash the endorsement, appropriate direction needs to be issued to the respondents. Accordingly, the respondents are directed to consider the representation dated 18.11.2011 made by the petitioner in accordance with law dehors the pendency of the said appeal. The decision to be taken by the respondents shall be independent and without prejudice to the contentions which have been put forth in the appeal. The consideration shall be made by the respondents within a period of four weeks from the date of receipt of a copy of this order along with copy of the representation and the supporting documents submitted by the petitioner.

In terms of the above directions, the petition stands disposed of. No costs.