Karappuswamy vs Hunsur Town Municipality on 28 June, 2013

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Karnataka High Court

Karappuswamy vs Hunsur Town Municipality on 28 June, 2013

Bench: H.N. Nagamohan Das

                           -1-



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 28TH DAY OF JUNE, 2013

                        BEFORE

   THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

             W.P.NO.41665/2012 (LB-RES)

BETWEEN:

Karappuswamy
S/o Palaniyappa Gounder
Aged about 60years
R/at No.1103
Karigouda Street
Hunsur Town
Mysore District
                                             ...Petitioner

(By Sri M.V.Vedachala, Advocate)

AND:

Hunsur Town Municipality
Hunsur, Represented by
its Chief Officer
Hunsur Town Municipality
Hunsur - 571 105
                                       .... Respondent
(By Smt. M.P.Geetha Devi, Advocate)

      This Writ Petition is filed under Articles 226 & 227
of Constitution of India, praying to direct the respondent
to issue license to the petitioner by complying orders at
Annexure-D dated 21.09.2012.

      This petition coming on for Preliminary Hearing
this day, the Court made the following:
                                -2-



                             ORDER

In this writ petition, the petitioner has prayed for a writ of mandamus directing the respondent to issue license to the petitioner for construction of a residential house.

2. Petitioner applied for grant of license and approval of plan to the respondent-Municipality and the same came to be rejected on 10.04.2008. Aggrieved by this order, the petitioner filed an appeal before the Deputy Commissioner, Mysore District, Mysore in MUNISI(2) Appeal in 15/2008-09 and the same came to be allowed vide order dated 21.09.2010 as per Annexure- D and remanded the matter for reconsideration with a direction. Since the respondent-Municipality failed to implement the order of remand, the petitioner is before this court.

3. The order of remand is dated 21.09.2010 as per Annexure-D. Now we are in 2013. It is obligatory on the part of the respondent-Municipality to implement the -3- direction issued by the Deputy Commissioner, Mysore District, as per Annexure-D.

4. In the circumstances, the respondent- Municipality is hereby directed to implement the directions issued by the Deputy Commissioner, Mysore District as per Annexure-D within four weeks from the date of receipt of copy of this order.

The writ petition is hereby disposed of.

Sd/-

JUDGE Bsv

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