Indian Kanoon - Search engine for Indian Law

3. It appears that consequent upon an amendment inserted in the Code of Communidades in the year 1986 whereby the Administrator of Communidade was empowered to demolish illegal constructions the said Administrator issued a notice to the respondent to show cause as to why the illegal construction should not be demolished. At this stage the respondent approached the Civil Court and in the suit filed by the petitioner sought for an injunction against the petitioner and the said Administrator praying for an order restraining the said petitioner and Administrator of Communidade from demolishing the suit structure. By order dated July 27, 1990 the learned Civil Judge rejected the application of the respondent. The respondent then carried an appeal against this order before the learned Additional District Judge, who, by the impugned judgment, has reversed the order of the trial Court and granted the relief in favour of the respondent by restraining the petitioner, its agents, servants, including the Administrator of Communidade from demolishing the suit structure.

6. With respect I am unable to accede to the propositions advanced by the respondent's learned Counsel. Admittedly the Administrator of Communidades was not a party in the suit and being so it is difficult to appreciate under what authority the learned Additional District Judge could have injuncted the Administrator of Communidades from exercising his duties under the relevant Code. A bare perusal of the impugned judgment makes it clear that the learned Judge has acted under a wrong notice of law that the Administrator has acted on behalf of the Communidade or can be held as its representative or its agent. As rightly pointed out by the petitioner's learned Counsel the Administrator of Communidades is a totally independent entity appointed by the Governor to look after the overall administration of the Communidades and give effect in its respect to the policies as framed by the Government while a Communidade individually is an autonomous body which is run by its own Managing Committee and is therefore not subordinate to the Administrator on the question of its day to day management. Being so, it is impossible to establish any co-relation between the action sought to be taken by the Administrator of Communidades and the rights which the Communidade aimed at enforcing in the Civil Suit filed against the respondent to restrain him from interfering with the suit property and doing any construction therein.