IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.17900 OF 2019 (LB-RES-PIL) BETWEEN:
CHANDRASHEKAR PATIL S/O.AITHAPPA PATIL AGED ABOUT 42 YEARS R/AT NEAR BANNUR SCHOOL BANNUR VILLAGE PUTTUT TALUK DAKSHINA KANNADA–574 203 ... PETITIONER (BY SRI VIKAS M., ADVOCATE) AND:
1. DEPUTY COMMISSIONER PUTTUR DAKSHINA KANNADA-574 203 2. CITY MUNICIPAL COUNCIL PUTTUR DAKSHINA KANNADA-574 203 REPRESENTED BY COMMISSIONER 3. STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU-560 001 ... RESPONDENTS (BY SRI P.B.ACHAPPA, AGA FOR R1 AND R3; SRI A.KESHAVA BHAT, ADVOCATE FOR R2) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION DATED 08.02.2019 (ANNEXURE-A) PASSED BY RESPONDENT NO.2 AND TO ISSUE A WRIT OF MANDAMUS TO RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 10.04.2019 (ANNEXURE-B) SUBMITTED BY THE PETITIONER AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner.
2. This petition under Article 226 of the Constitution of India is in the nature of a public interest litigation.
3. By this petition, the petitioner has impugned resolution dated 8th February 2019 of the second respondent-City Municipal Council. The resolution reads thus:
“Sub 794: The Gandhi wall situated beside the main road near K.S.R.T.C. Bus stand in the limits of City Municipal Council, Puttur is ruined. There is chance of falling its boundary wall at any time. Therefore, for renovation of the said wall and its pedestal of an idol and by stooping the Gandhi mantap, an estimation for Rs.8.00 lakh is prepared and regarding according administrative approval for the same.
Resolution 794: An approval has been accorded to the estimation list prepared for Rs.8.00 lakh. It is resolved to bare the said amount out of the City Municipal fund.”
4. On 25th April 2014, while issuing a notice, this Court granted interim relief of stay of the said resolution. The second respondent-Municipal Council has filed an application for vacating the interim relief and also filed a statement of objections. In paragraph-4 of the objections, the second respondent states thus:
“As already submitted, there is a peepal tree and katte surrounding it since pre independence days near bus stand at Puttur. The father of the Nation Mahathma Gaandhi is said to have addressed a public meeting on that katte and since then it is called as Gandhi katte. The statue of Mahathma Gandhi is also installed in that katte. At present, the said structure is in a very dilapidated condition. It has started to collapse due to wear and tear. It is likely to cause danger to public if left without repair and renovation. There is a long standing demand by the public to renovate/repair it. In fact, many representations have been submitted to TMC to repair it and not to shift it anywhere else due to the historical reason. As already submitted, Mahathma Gandhi is said to have addressed public meeting from that katte and is also said to have collected donation from the public for the purpose of freedom struggle. Mahathma Gandhi is said to have visited Puttur in the year 1934 and is said to have addressed public of Puttur. In view of the local demand not to shift place, it has become necessary to repair it. Therefore, the Town Municipal Council has passed an unanimous resolution sanctioning a sum of Rs.8 lakhs to repair the said structure. The Town Municipal Council passed the resolution in its wisdom representing the general public. Therefore, the public interest requires that the katte should be repaired and kept as it is ”
(underline supplied) 5. The contention of the learned counsel appearing for the petitioner is that the second respondent cannot renovate the place where idol is there, as the same is a public place.
6. As far as the objection of the petitioner to do any work concerning the idol is concerned, there is some merit inasmuch as there is no application of mind by the Municipal Council. It was necessary for the Municipal Council to ascertain whether the existing idol has been lawfully installed and even assuming that it is lawfully installed, whether it requires relocation. Therefore to the aforesaid extent, the grievance made in the petition is justified. As regards the renovation of Gandhi katte is concerned, in the objections, it is stated that the father of the nation had addressed a public meeting from the katte and that is how the statue of the father of the nation has been installed on that katte. The objections, as stated earlier, indicate that the basic intention of the second respondent is to repair the said katte which is in a dilapidated condition. The katte is of historical importance as during his visit in the year 1934, the father of the nation had addressed a meeting from the said katte. Therefore, in a petition filed in the nature of a public interest litigation, interference cannot be made with the decision of the second respondent to renovate Gandhi katte.
7. Accordingly, we dispose of the petition by passing the following order:
(i) It will be open for the second respondent to proceed with the work of renovation of Gandhi Katte and repairs/renovation of the idol of the father of the nation;
(ii) We make it clear that the work of renovation or repair shall not be carried out to the platform on which the idol is in existence on the basis of the impugned resolution;
(iii) The second respondent is free to take a fresh decision as regards the platform and idol in the light of observations made in the judgment.
(iv) The petition is accordingly disposed of.
Pending application does not survive for consideration and the same is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB