YUVAKA SANGHA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner which is said to be a registered Society, is aggrieved by the action of the second respondent-Town Municipal Council in issuing show cause notices dated 13.03.2012 and 12.09.2012 at Annexures 'J' and 'L' respectively calling upon the petitioner to show cause as to why the allotment of an immovable property measuring 176' x 112' at Kadur Town made for the purpose of the benefit of the members of the Society and the public at large, should not be cancelled.

(2.) Learned Counsel for the petitioner submits that it is not disputed that the property in question was allotted in favour of the petitioner-Sangha which was then known as 'Youth League', by a resolution dated 07.09.1949. However, there were some internal disputes between the members of the society and therefore some of the members had filed an original suit in O.S.No.2/1987. During the Regular First Appeal in RFA No.242/2002, a Division Bench of this Court heard the compromise petition filed by the parties and accordingly disposed of the appeal by order dated 09.10.2009 permitting execution of the compromise petition and the appeal itself was disposed of in terms of the compromise petition.

(3.) Learned Counsel further submits that on an earlier occasion, similar show cause notice was issued by the Municipality and the petitioner approached this Court in W.P.No.2321/1985. This Court by order dated 04.09.1985 set aside the notice issued and resolution passed by the Municipality and directed the Municipality to issue a show cause notice, permit the petitioner herein to have its say in the matter, afford an opportunity of hearing and thereafter, proceed in accordance with law. Subsequent to the decision of this Court, the Municipality did not take any step. However, the Deputy Commissioner, by order dated 21.01.2003 directed the Municipality to enter the name of the Sangha in the register of Khata. It is submitted that the name of the petitioner-Sangha is found in the demand register and the petitioner-Sangha has been paying the taxes to the Municipality. It is further submitted that all of a sudden after a lapse of nearly 27 years, the impugned show cause notice is issued by the Municipality granting 10 days time to give a reply as to why the allotment should not be cancelled.