LAWS(BOM)-2015-6-98

FELIX AGNEL RODRIGUES Vs. STATE OF GOA

Decided On June 11, 2015
Felix Agnel Rodrigues Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Heard Mr. J. Lobo, learned Counsel appearing for the petitioners, Mr. Amogh Prabhudessai, learned Additional Government Advocate appearing for respondents No.1 & 4, Mr. Anthony D'Silva, learned Counsel appearing for respondent No.2, Mr. Ashwin D. Bhobe, learned Counsel appearing for respondent No.3, Mr. N. Pai, learned Additional Government Advocate appearing for respondent No.6 and Mr. S.S. Kantak, learned Senior Counsel appearing for the petitioners in Writ Petition No.288/2015.

(2.) Rule. Heard forthwith with the consent of the learned Counsel appearing for the parties. The learned Counsel for the respondents waive notice.

(3.) The petition was heard at length. Mr. J. Lobo, learned Counsel appearing for the petitioners has raised three main contentions. The learned Counsel has pointed out that on the garb of an order passed by this Court whilst disposing of Writ Petition No.288/2015, the respondents have colluded themselves to drain the water from the building constructed by the respondent no.2 to the storm water drain which is admittedly located towards the eastern side of the property belonging to the petitioners. The learned Counsel has elaborated the said contentions, and pointed out that the petitioners have obtained the permission from the Corporation to construct a drain in order to enable the water from the building of the petitioners to lead to the storm water drain which is located on the eastern side of the property.