H CHANDRAPPA Vs. TOWN MUNICIPAL COUNCIL

JUDGEMENT

(1.) IN the present Writ Petition, I. A. No. 1 is filed by the petitioner seeking directions to the respondent Town Municipal Council, Shikaripur, to issue "no Objection Certificate" in favour of the petitioner to enable him to obtain power connection to the premises in question from the mescom, a supplier of electricity.

(2.) THE Writ Petitioner is challenging the endorsement dated 5. 8. 2003 (Annexure "c") whereby he has been informed that "no Objection Certificate" as sought for cannot be issued in view of pending adjudication of a civil dispute in respect of property in question before the Civil Court.

(3.) STATEMENT of Objections has been filed on behalf of the respondent. The main objection of the respondent is that the petitioner has put up construction in gross violation of the sanctioned plan and in spite of issuing notice calling upon the petitioner to bring the construction in conformity with the sanctioned plan, he did not comply the same and when further action was sought to be taken by the respondent for demolition of unauthorised construction, the petitioner filed a civil suit in O. S. No. 220/2001 before the Civil Court (Jr. Dn), Shikaripur, and obtained an interim order of status quo. Appeal in M. A. No. 12/2002 preferred by the respondent authority against the order of the trial court did not prove fruitful and the matter remained as it is. On the other hand, the petitioner taking undue advantage of the status quo order proceeded with the illegal construction and completed the construction during the pendency of order of status quo. According to respondent, they are fully justified in declining "no Objection Certificate" in favour of the petitioner at this stage.