RITA MENEZES Vs. MANGALORE CORPORATION

JUDGEMENT

(1.) IN this petition filed in public interest the petitioners, claiming to be public spirited citizens, pray for a writ in the nature of certiorari setting aside the resolution bearing No. C5. MA. NA. PA-321 dated 20-5-1998 on the ground that it is illegal and opposed to public interest.

(2.) ). The brief facts of the case are :respondents 3 and 4 obtained licence for construction of apartments in Ward No. 104 (4d) of Kadri, Mangalore vide Licence dated 1-11-1993 and 27-9-1994, respectively, to construct apartments. It is contended by the petitioners that they put up additional floors in violation of the licence granted. At the instance of one Sri. Melvyr Peris the respondent No. 1 issued notice dated 24-6-1997 to respondents 3 and 4 under S. 308 of the Karnataka Municipal Corporations Act, 1976. As the respondents 3 and 4 did not give any explanation, the notice issued earlier was confirmed under S. 321 (3) of the Karnataka Municipal Corporations Act and the respondents were informed that action would be taken under S. 436 of the Act to demolish the building at the cost of the respondents. In response to this notice the respondents 3 and 4 gave a reply on 10-2-1998 which was also rejected and the notice issued under S. 321 (3) of the Act was confirmed. The respondents 3 and 4 went in appeal to the Standing Committee against the said order. The Standing Committee set aside the notice and imposed penalty and directed issue of licence. Aggrieved by the said direction of the Standing Committee the petitioners have preferred this writ petition.

(3.) WE have heard the learned counsel for the petitioners.