IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50909 OF 2013 (GM-RES) BETWEEN:
SMT.VASANTHI SHENOY W/O SRINIVAS SHENOY AGED ABOUT 52 YEARS D-5, MAHALASA APARTMENTS 8TH CROSS, GANDHINAGAR MANGALORE-575 003 … PETITIONER (BY SRI.G.NATARAJ, ADV.) AND:
1. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER MANGALORE-575 001 2. THE ASSISTANT COMMISSIONER MANGALORE TALUK, MANGALORE-575 001 3. THE TAHASILDAR MANGALORE TALUK, MANGALORE-575 001 4. THE VILLAGE ACCOUNTANT (KASABA BAZAAR VILLAGE) D.C.OFFICE, MANGALORE-575 001 5. THE REGIONAL PASSPORT OFFICER 80 FEET ROAD, 8TH BLOCK, KORAMANGALA BANGALORE-560 095 6. THE COMMISSIONER OF POLICE DAKSHINA KANNADA, MANGALORE-575 001 7. SMT.SAHANA P.RAO W/O PREETHAM P RAO AGED ABOUT 23 YEARS “PRAGATHI”, 2ND FLOOR, HOIGEBAIL CROSS ROAD ASHOKNAGAR POST MANGALORE-575 006 … RESPONDENTS (BY SRI.Y.D.HARSHA, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 TO R-4 & R-6 SRI.C.SHASHIKANTHA, ASSISTANT SOLICITOR GENERAL SRI.ASHWATH K., ADV. FOR SRI.KETHAN KUMAR, ADV. FOR R-7) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED:06.06.2013 VIDE ANNEXURE-A PASSED BY THE DEPUTY COMMISSIONER, MANGALORE, THE 1ST RESPONDENT HEREIN AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. G Nataraj, learned counsel for the petitioner, Sri Y D Harsha, learned Additional Government Advocate for respondents 1 to 4 and 6, Sri C Shashikanth, Assistant Solicitor General for respondent No.5, Sri Ashwith K, learned counsel for Sri Kethan Kumar for respondent No.7.
2. Heard the learned counsel for the petitioner on the question of admission.
3. With the consent of the parties, matter is taken up for final disposal.
4. In this petition, petitioner interalia seeks a Writ of Certiorari for quashing of the order dated 06.06.2013 passed by the Deputy Commissioner, Mangaluru.
5. When the matter was taken up, learned counsel for the petitioner submitted that the impugned order has been passed in a cryptic and cavalier manner and is in contravention of the directions issued by a Bench of this Court in the order dated 06.02.2013 passed in Writ Petition No.2993/2012.
6. On the other hand, learned Additional Government Advocate after perusal of the order dated 06.02.2013 would not point out that that order is in compliance with the directions issued by this Court in the aforesaid Writ Petition.
7. In view of aforesaid admitted position that while passing the impugned order the Deputy Commissioner has not recorded a conclusion as to, ‘Whether the domicile certificate issued to respondent No.7 is legal and valid’ and the order has been passed in a cryptic and cavalier manner, the impugned order suffers from vice of non-application of mind. The impugned order is therefore quashed. Matter is remitted to the Deputy Commissioner to decide the issue with regard to the validity of the domicile certificate issued in favour of respondent No.7 afresh by a speaking order, after affording an opportunity of hearing to all the necessary parties. The aforesaid exercise shall be carried out within a period of three months from today.
Accordingly, petition is disposed of.
brn Sd/- JUDGE