(1.) In this public interest litigation, the petitioner has sought for a direction restraining the respondent from putting up first floor building over the existing Dyamavva Temple, Kubatur Village, Soraba Taluk, Shivmogga District and in this regard, to consider the petitioner's representation dated 11.06.2021.
(2.) It is submitted that it is very old temple and there is water leakage problem and the Deputy Commissioner and the District Muzarai Officer, Shivamogga District has taken a decision to put up first floor building over the existing temple building in order to stop water leakage. It is submitted that if in case, any construction is permitted over the existing building of the temple, it may spoil the look of the temple and it is also submitted that no construction can be permitted over the flag pole of the temple.
(3.) Learned Additional Government Advocate on the basis of the instruction submits that no first floor construction is carried over the temple and in fact, only some iron work is being done and the iron sheets are placed over the roof of the temple so that water may not leak over the roof of the temple.