IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.12996 OF 2017 (LB-RES-PIL) BETWEEN SRI SUNDAR H AGED ABOUT 48 YEARS, S/O.CHIKKA S, R/O, AMBEDKAR ROAD, BALKUDRU VILLAGE, UDUPI TALUK & DISTRICT.
(BY SRI K PRASANNA SHETTY, ADVOCATE) AND 1. SRI RAVI NAIK AGED ABOUT 36 YEARS, PROP:M/S INDUS TOWERR LTD., #12, SUBRAMANYA ARCADE, TOWER-"D", 7TH FLOOR, BANNERGHATTA ROAD, BENGALURU.
... PETITIONER 2. SRI B SURESH ADIGA AGED ABOUT 48 YEARS, S/O.B.KRISHNAMURTHY ADIGA, R/AT, "SRI RAMA" NILAYA, BALKUDRU VILLAGE, HANGARKATTE POST, UDUPI TALUK, UDUPI DISTRICT-572101.
3. THE PANCHAYATH DEVELOPMENT OFFICER 5TH AIRODY GRAMA PANCHAYATH, AIORODY VILLAGE AND POST, UDUPI TALUK, UDUPI DISTRICT-572101 ... RESPONDENTS (BY SMT.S SUSHEELA, AGA, FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 NOT ISSUE LICENSE/PERMISSION TOWARDS INSTALLATION/PUTTING UP OF MOBILE TOWER IN 65/32 OF BALKUDRU VILLAGE, UDUPI TALUK AND DISTRICT AND TO DIRECT THE R-1 NOT TO GO ON WITH THE INSTALLATION WORK/PUTTING UP OF MOBILE TOWER IN SY.NO.65/32 OF BALKUDRU VILLAGE, UDUPI TALUK AND DISTRICT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER After hearing Mr.B.Prasanna Shetty, learned advocate in support of the petition and Smt.S.Susheela, learned additional government advocate for the State, we feel that the interests of justice will be subserved if an opportunity is granted to the writ petitioner to make a representation in detail addressed to the Panchayath Development Officer, 5th Airody Gram Panchayath, Udupi Taluk and District, within fifteen days, ventilating all his grievances.
2. If such a representation is made, the Panchayath Development Officer, 5th Airody Gram Panchayath, Udupi Taluk and District, shall consider and dispose of the same, after giving opportunities of hearing to all concerned in the matter.
3. The writ petition stands disposed of.
4. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*