K PRABHAKARA NAVADA AND ORS Vs. EXECUTIVE OFFICER TALUK PANCHAYAT; GILIYAR VILLAGE PANCHAYATH; PRESIDENT VILLAGE PANCHAYATH; G PARAMESHWARA NAVADA AND ORS

JUDGEMENT

(1.) The petitioner in W.P.No.12669/2014 is seeking for issue of mandamus to the second respondent to consider the representation dated 15.02.2014. Through the said consideration, the petitioner therein is seeking implementation of the order dated 13.02.2014 passed by the Executive Officer, Taluk Panchayat, Udupi. By the said order, the construction being put up by the petitioner in W.P.No.18479/2014 is directed to be stopped. The said order dated 13.02.2014 regarding which implementation is sought in W.P.No.12669/2014 is assailed by the petitioner in W.P.No.18479/2014.

(2.) In that view, since the issues raised in these petitions being inter-related, they are taken up together and disposed of by this common order. Since the array of parties is different, the rival parties are referred to by their respective names for the purpose of convenience and clarity.

(3.) Sri G.Parameshwar Navuda being the owner of the property bearing Sy.No.76/1 of Giliyaru village has undertaken construction in a portion of the said property. The said construction is being put up based on the approval granted by the Panchayat Development Officer. Sri K.Prabhakar Navuda who is a relative objects to the manner in which the construction is being put up by Sri Parameshwar Navuda. It is in that light he had approached the official respondents to this petition complaining about the construction. At the first instance, as no action had been taken, he was before this Court in W.P.No.2918/2014 which was disposed of on 23.01.2014 and a direction had been issued to the Executive Officer, Taluk Panchayat, Udupi to consider the appeal filed by Sri K.Prabhakar Navuda and dispose of the same within the time frame as indicated therein. It is pursuant to such order, the order impugned dated 13.02.2014 is passed.