Karnataka High Court
Kiran K vs State Of Karnataka on 24 April, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24th DAY OF APRIL, 2017
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.12164 OF 2017 (GM-RES) PIL
BETWEEN :
1. KIRAN K
SON OF LATE K.CHANDRASHEKHAR
AGED ABOUT 47 YEARS
RESIDING AT NO. 'ANUGRAHA'
NEAR MARIGUDI, SURATHKAL
MANGALORE TALUK
D.K.DISTRICT - 575 020
2. SMT.RAJANI DUGGANNA
WIFE OF LATE DUGGANNA
AGED ABOUT 62 YEARS
RESIDING AT NO.22-71, DURGA NIVAS
MUNCHOOR, RAMANAGARA
MANGALORE
D.K.DISTRICT - 575 025
3. SRI.BALAKRISHNA
SON OF LATE RAMA POOJARY
AGED ABOUT 42 YEARS
RESIDING AT NO.22-65
MUNCHOOR SCHOOL, SURATKAL VILLAGE
MANGALORE
D.K.DISTRICT - 575 025
2
4. MR.JOHN KENNEDY
SON OF F.S.D'SOUZA
AGED ABOUT 53 YEARS
R/AT CHURCH VIEW COMPOUND
SURATHKAL, MANGALORE
D.K.DISTRICT - 575 020
5. NAVA TARUNA SPORTS CLUB
SURATHKAL, MANGALORE
D.K.DISTRICT - 575 020
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
MR.JOHN KENNEDY
6. TARUNA JYOTHI CRICKETERS
SURATHKAL, MANGALORE
D.K.DISTRICT - 575 020
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
SRI PRAVEEN D. SHETTY
7. ATTACKERS SPORTS CLUB
SURATHKAL, MANGALORE
D.K.DISTRICT - 575 020
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
KABBIR ... PETITIONERS
(BY MR.S.RAJASHEKAR, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS
CHIEF SECRETARY
VIDHAN SOUDHA,
DR.AMBEDKAR ROAD
BANGALORE - 560 001
3
2. THE DEPUTY COMMISSIONER
D.K.DISTRICT
MANGALORE - 575 001
3. THE MANGALORE CITY CORPORATION
LALBAGH, MANGALORE
D.K.DISTRICT - 575 001
REPRESENTED BY ITS COMMISSIONER
4. MANGALORE URBAN DEVELOPMENT AUTHORITY
URVA STORE, MANGALORE
DAKSHINA KANNADA DISTRICT - 575 001
REPRESENTED BY ITS COMMISSIONER ... RESPONDENTS
(MR.V.SREENIDHI, ADDITIONAL GOVERNMENT
ADVOCATE FOR R1 AND R2; MR.K.M.NITISH,
ADVOCATE FOR SRI.K.V.NARASIMHAN, ADVOCATE
FOR RESPONDENT NO.3)
---
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to direct the respondent
Nos.2 and 3 to consider the representation dated 18.10.2016
made by the petitioner 5, 6, 7 and thereby direct the
respondent Nos.2 and 3 not to shift the old market, new market
and MUDA market to the public playground situated at property
bearing survey No.167/8 of Iddya village, Mangalore taluk,
D.K.District vide Annexures-A, B and C, and etc.
This petition coming on for preliminary hearing this day,
THE CHIEF JUSTICE made the following:
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ORDER
This is a writ petition, in the nature of public interest, challenging the construction of temporary structures in the playground in survey No.167/8 of Iddya village, Mangaluru Taluk, Dakshina Kannada District.
2. Mr.Nitish K.N., learned advocate appearing for the respondent No.3, submits that the authorities have proposed to reconstruct the old structure and, therefore, are providing temporary structures to the existing vendors in the playground.
3. We notice that the old structure is dilapidated and, therefore, requires reconstruction.
4. We direct the authorities to continue with the reconstruction and remodelling, if necessary, by demolishing the existing structure. However, during the interregnum, the existing vendors shall be given temporary places and the construction and remodelling should be completed by two years. After two years, the existing vendors shall be shifted to 5 the reconstructed market in their respective places, as far as possible, and the temporary structure in the playground would be demolished and would be restored to its original position.
5. With the above directions, the writ petition stands disposed of.
6. There will be no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE RV