K PUNDALIKA PAI Vs. UDUPT TOWN MUNICIPALITY

JUDGEMENT

(1.) The petitioner is putting up a structure in his site situated within the limits of Udupi Town (Dakshina Kannada Dist.) For this purpose he has obtained the necessary licence from the Udupi Town Municipality, Udupi, (1st respondent herein). The Chief Officer of the Municipality (2nd respondent herein) has issued a notice calling upon the petitioner, for the reasons mentioned in the notice (Annexure-A) dated 8 8-1980, to stop the construction work and to intimate the Municipality of having obeyed the said order. In this connection the Administrator of the Municipality (3rd respondent herein) had directed the 2nd respondent to examine and take appropriate action against the petitioner in the matter of this construction, and the Administrator had issued this direction (as per Annex. B) on a complaint he had received that the petitioner had violated the terms and conditions of the licence granted to him in executing the work in question.

(2.) The petitioner in this petition, filed under Arts. 226 and 227 of the Constitution of India, seeks an appropriate writ, order, or direction quashing Annexures 'A' and 'B' on the ground that they, Annexures A and B, were illegal, arbitrary in nature, had been issued with ulterior motive and mala fide intention, and, therefore deserved to be struck down.

(3.) One Laxmi, wife of of U. Ramappa Thimmappa, residing at Udupi, and said to Own a house on a site adjoining the site wherein this building is being built, has filed an application (I. A. II) to get herself impleaded as one of the respondents to the petition contending that she was interested in opposing the petitioner's claim in the petition and therefore, she too may be heard in the matter. The Municipality is represented by its Counsel.. It has also filed its statement of objections.