RESIDENTS OF AFORAMENTO AND AMBEKHANDEM WARD VEREM REIS MAGOS BARDEZ-GOA Vs. FRANCIS FERNANDES VILLA LOGO HOUSE

JUDGEMENT

(1.) Rule, returnable forthwith. Heard by consent of the parties.

(2.) The petitioners are seeking writ of certiorari and writ of mandamus for setting aside the order dated 2.7.2009 passed by the Additional Director of Panchayat (II), Panaji, Goa refusing the intervention of the petitioners in the Panchayat Appeal No. 110/2009 and deferring the hearing of the issue of maintainability of the said appeal pending before it.

(3.) Panchayat Appeal No. 110/2009 before the Additional Director of Panchayat (II), Panaji, Goa has been preferred by the respondent No. 1 Francis Fernandes for throwing challenge to the removal notice dated 29.4.2009 issued by the Village Panchayat of Reis Magos, the respondent No. 2 pursuant to the Panchayat resolution No. 9(8) dated 17.4.2009. This removal notice requires the respondent No. 1 Francis Fernandes to remove a mobile tower erected on his property. According to the petitioners, raising of the said mobile tower at the village Reis Magos being dangerous to the health of the local residents and constructed without permission either of the local authority under the Ministry of Communications, Government of India and or Village Panchayat, prompted them to make a complaint against it to the Village Panchayat and removal notice was the result of their complaint. On this background, the petitioners claim that their intervention in the said appeal for joining them to the said appeal was legitimate and the Appellate Authority ought to have allowed their intervention in the matter and decided the maintainability of said appeal at the very first instance when the legal flaw in the said appeal was pointed out by them.