Court granted temporary relief preventing enforcement of demolition action against petitioners' compound wall pending enquiry conclusion and subsequent appeal period. Petition disposed off.
No precipitate action against property till after reply decision; no enforcement of concluded orders for six weeks to allow remedy.
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1
DATED THIS THE 23RD DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.23700 OF 2021 (KLR-RES)
BETWEEN:
2 . COORG PUBLIC SCHOOL ATTUR VILLAGE, P.O. BOX NO.14, GONIKOPPAL - 571 213 KODAGU, KARNATAKA REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. M.N. BELLIAPPA
…PETITIONERS
(BY SRI. DEVARAK K.S., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. SHRIDHAR HEGDE, HCGP)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD.7.9.2021 ISSUED BY THE R-3 TO THE P-2 ANENXURE-A1; QUASH THE NOTICE DTD.17.11.2021 ISSUED BY THE R-3 TO THE P-2 ANENXURE-A2.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The short grievance of the petitioners is against the
Show Cause Notices dated 07.09.2021 & 17.11.2021 issued by respondent No.3 at Annexures-A1 & A2 respectively. Learned counsel for the petitioners submits that though the appropriate replies have been sent thereto, still without considering the same, the official respondents are threatening to demolish the subject compound wall.
for the official respondents points out that going by the petition averments the proceedings are only at the enquiry stage and therefore, the petitioners need not have apprehension as to possible demolition of their compound wall; this he says in an assuring voice. He also hastens to add that, by now some orders appear to have been made since ordinarily no precipitatory action would be taken without concluding the enquiry of the kind.
3
Having heard the learned counsel for parties and having perused the petition papers this court is inclined to grant a short indulgence in the matter that no percipitatory action would be taken against the property in question till after a decision is taken on the reply filed by the petitioners to the notices in question and two weeks thereafter lapse.
In the event, already the subject enquiry is concluded by passing an order, the same shall not be enforced for a period of six weeks so that petitioner can avail the remedy against the same in accordance with law.
Writ petition is accordingly disposed off, costs having been made easy.
Sd/JUDGE
DS
2 issues framed by the court
Whether to grant interim stay pending the conclusion of enquiry proceedings against the petitioners.
Whether to prevent precipitous demolition actions against the petitioners' property during the enquiry period.
Kodagu Academy for Education and Culture (Regd)
Coorg Public School
State of Karnataka Revenue Department
Deputy Commissioner, Kodagu District
Tahsildar, Ponnampet Taluk
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
