IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JUNE 2017 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION No.56901 OF 2014 (GM-RES) BETWEEN :
C.Channaiah, S/o late Channe Gowda, Aged about 70 years, R/o Haralakere village, Koppa Hobli, Taluk Maddur, District Mandya – 571 425. ... Petitioner (By Smt.Ankitha G.Shelke, Advocate for Sri Pramod N.Kathavi, Advocate) AND:
1. The Deputy Commissioner, Mandya District, Mandya – 571 401.
2. Superintendent of Police, Mandya District, Mandya – 571 401.
3. Chief Executive Officer, Zilla Panchayath, Mandya, District Mandya – 571 401.
4. The Tahsildar, Maddur Taluk, Maddur, District Mandya – 571 401.
5. Panchayat Development Officer, Thaggahalli Gram Panchayat, Thaggahalli, Koppa Hobli, Taluk Maddur, District Mandya – 571 425.
6. The Deputy Conservator of Forests, Mandya Division, Mandya, District Mandya – 571 401.
7. Sri H M Chennakeshava, S/o Sri Mayappa Gowda, R/o Haralakere village, Koppa Hobli, Taluk Maddur, District Mandya – 571 425.
8. Sri Mayanna, S/o Sri Mayappa Gowda, R/o Haralakere village, Koppa Hobli, Taluk Maddur, District Mandya – 571 425. …Respondents (By Sri T L Kiran Kumar, AGA for R1 to R4 and R6; Sri G M Gadilingappa, Advocate for R8;
R5 and R7 –served, unrepresented) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct R1 to R5 to have the trees grown by the R7 and R8 in their property cut and removed immediately.
This writ petition, coming on for orders, this day, the Court made the following:
O R D E R The petitioner has made the following prayers:
“(i) Call for records pertaining to the above case;
(ii) Issue a writ or order or direction, more in the nature of writ of mandamus directing respondent Nos.1 to 5 to have the trees grown by the 7th and 8th respondents in their property cut and removed immediately, and (iii) Pass such other order as deemed fit, proper and necessary and expedient, in the facts and circumstances of the case.”
2. Such prayers cannot be acceded to in the proceedings under Article 226 of the Constitution of India. The petitioner may have to file a duly constituted suit for seeking the relief of mandatory injunction, etc. Al the contentions are left open to be urged in the suit proceedings.
3. This petition is accordingly disposed of.
4. Now that the main matter itself is disposed of, nothing survives for consideration of I.A. for impleadment. It is dismissed as having become unnecessary.
Sd/- JUDGE Cm/-