Case Note & Summary
The petitioner, Sri. Praveen Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a mandamus direction against the Mangalore City Corporation and the Mangalore Urban Development Authority to prohibit his neighbour, Sri. Chandrashekar Karkera and his brothers, from raising illegal construction without obtaining proper licence and sanction. The petitioner had previously filed a civil suit O.S.No.250/2002 in the competent Civil Court, which was decreed in his favour on 30.06.2008. The defendant neighbour appealed, and the first appellate Court in R.A.No.135/2008 partly allowed the appeal on 28.09.2013. The petitioner then filed a second appeal R.S.A.No.363/2014, which was pending before the High Court. The present writ petition was filed as an offshoot litigation for the limited purpose of seeking a mandamus to the Commissioner of the Mangalore City Corporation to consider the petitioner's objections against the grant of sanction of licence to the neighbour. The Court observed that the petitioner had already availed the civil remedy and the matter was pending in second appeal. The Court held that the writ petition was not maintainable as the petitioner had an alternative efficacious remedy. The Court dismissed the writ petition with liberty to the petitioner to approach the civil court for appropriate relief.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Articles 226 and 227 of Constitution of India - The petitioner sought mandamus against Mangalore City Corporation to prohibit neighbour's illegal construction. Court held that since the petitioner had already filed a civil suit which was decreed and the matter was pending in second appeal, the writ petition was not maintainable as the petitioner had an alternative efficacious remedy. (Paras 1-4) B) Municipal Law - Building Licence - Consideration of Objections - Karnataka Municipal Corporations Act, 1976 - The petitioner's objections against grant of licence to neighbour were to be considered by the Commissioner. However, the Court declined to entertain the writ petition due to availability of civil remedy and dismissed it with liberty to approach the civil court. (Paras 3-4)
Issue of Consideration
Whether a writ of mandamus can be issued to the municipal corporation to consider objections against illegal construction when the petitioner has already availed civil remedy and the matter is pending in second appeal.
Final Decision
Writ petition dismissed. Petitioner granted liberty to approach the civil court for appropriate relief.
Law Points
- Writ jurisdiction under Articles 226 and 227 of Constitution of India
- Alternative efficacious remedy
- Mandamus
- Private nuisance
- Municipal corporation's duty to consider objections
