BHAGVANJI G. RAIYANI Vs. ASSISTANT MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India prays for issuance of a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction to the respondent Nos.1 and 2 to take civil and criminal action against respondent Nos.4 to 6 for illegal works carried out by them in Deepak Villa Building by following due process of law. The work is elaborated in prayer clauses (c) to (h) and thereafter a direction is sought to pay Deepak Villa Flat Owners' Association all arrears of the outgoings demanded from respondent Nos.4 to 6 and a direction through the Mumbai Municipal Corporation to them to throw open an adjoining terrace for all residents.

(2.) The petitioner before us is a senior citizen. With his assistance we have perused the writ petition and all the annexures thereto. It is only on account of his advanced age and not to cause him more inconvenience, we permitted him to tender written submissions. We have carefully perused his written submissions as well. The counsel for the contesting respondent Nos.4 to 6 raised a preliminary objection to the maintainability of this writ petition. In that behalf, our attention is invited to an order of a Division Bench, copy of which is at page 37 of the paper-book. That order is passed on Writ Petition No.70 of 2013. That reads as under :

(3.) The precise objection is that the very petition has been filed again and once the earlier petition with the same grievance, same cause of action and same reliefs has been permitted to be withdrawn and is disposed of, but with liberty to adopt appropriate remedy in accordance with law, that surely did not mean a second writ petition on the same cause of action. That order was passed after tendering written arguments on record.