- 1 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 18181 OF 2024 (GM-RES) C/W WRIT PETITION NO. 12231 OF 2024 (LB-RES) WRIT PETITION NO. 27551 OF 2024 (LB-RES) IN WP No. 18181/2024 BETWEEN: SRI BHEEMAIAH K S AGED 39 YEARS, S/O SOMAIAH K N R/O NO 423 MEKERI VILLAGE, KAGGODLU POST, MADIKERI TQ KODAGU 571201 …PETITIONER (BY SRI. B.N. RAVINDRANATH KAMATH., SR. COUNSEL FOR SRI. B S BASAVARAJU., ADVOCATE) AND: 1. DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI 571201 2. ASSISTANT COMMISSIONER MADIKERI DIVISION MADIKERI 571201 Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 3. TASHILDHAR MADIKERI KODAGU DISTRICT 571201 4. CHIEF EXECUTIVE OFFICER JILLA PANCHAYATH KODAGU DISTRICT MADIKERI 571201 5. CHIEF EXECUTIVE OFFICER TALUK PANCHAYATH KODAGU DISTRICT MADIKERI 571201 6. PDO K NIDUGANE GRAM PANCHAYATH MADIKERI 571201 …RESPONDENTS (BY SRI. V.G.BHANUPRAKASH., AAG A/W SRI. SHAMANTH NAIK., HCGP FOR R1 TO R3 SRI. ACHAPPA P.B., ADVOCATE FOR R4 TO R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 29/06/2024 VIDE BEARING NO. ADHESHA SANKE.PRAVI./11/2024-25 PASSED BY THE R1 ARE PRODUCED HEREWITH ANNEXURE-S SO FOR AS PETITIONER IS CONCERNED AND ETC. IN WP NO. 12231/2024 BETWEEN: SRI BHEEMAIAH K S AGED 39 YEARS, S/O SOMAIAH K N R/O NO 423, MEKERI VILLAGE, KAGGODLU POST, MADIKERI TQ - 3 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 KODAGU 571201 ...PETITIONER (BY SRI. B.N. RAVINDRANATH KAMATH., SR. COUNSEL FOR SRI. B S BASAVARAJU., ADVOCATE) AND: 1. CHIEF EXECUTIVE OFFICER JILLA PANCHAYATH, KODAGU DIST. MADIKERI-571201. 2. CHIEF OFFICER, TALUK PANCHAYATH, KODAGU DIST., MADIKERI-571201. ...RESPONDENTS (BY SRI. ACHAPPA P.B., ADVOCATE FOR R1 & R2 SRI. VENKAT REDDY C.M., ADVOCATE FOR IMPLEADING APPLICANT) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REMINDER LETTER DTD. 16.04.2024 VIDE BEARING NO. KOJIPAMSE-2GLA.BI.DHU.05.2023-24 EI-35984 ISSUED BY THE R-1 ARE PRODUCED HEREWITH ANNX-J AND ETC. IN WP NO. 27551/2024 BETWEEN: SRI BHEEMAIAH K S AGED 39 YEARS, S/O SOMAIAH K N R/O NO.423, MEKERI VILLAGE KAGGODLU POST MADIKERI TQ, KODAGU-571201 ...PETITIONER (BY SRI. B S BASAVARAJU.,ADVOCATE) - 4 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 AND: 1. DEPUTY COMMISSIONER KODAGU DISTRICT MADIKERI-571201 2. SUPERINTENDENT OF POLICE MADIKERI, KODAGU DIST-571201 3. POLICE SUB INSPECTOR MADIKERI RURAL POLICE STATION MADIKERI, KODAGU DIST-571201 4. ASSISTANT COMMISSIONER MADIKERI DIVISION MADIKERI-571201 5. TASHILDHAR MADIKERI, KODAGU DISTRICT-571201 6. REVENUE INSPECTOR MADIKERI HOBLI, MADIKERI TALUK KODAGU DIST-571201 7. ASSISTANT DIRECTOR OF LAND RECORDS (ADLR) MADIKERI TALUK, MADIKERI KODAGU DIST-571201 8. VILLAGE ACCOUNTANT K NIDUGANE CIRCLE MADIKERI, KODAGU DIST-571201 9. CHIEF EXECUTIVE OFFICER JILLA PANCHAAYATH KODAGU DIST, MADIKERI-571201 10. EXECUTIVE OFFICER TALUK PANCHAAYATH KODAGU DIST, MADIKERI-571201 - 5 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 11. PDO K NIDUGANE GRAM PANCHYATH MADIKERI-571201 12. PAVAN K R S/O RUDRAPPA AGED 38 YEARS, R/O MAKANDUR VILLAGE MADIKERI-571201 ...RESPONDENTS (BY SRI. V.G.BHANUPRAKASH., AAG A/W SRI. SHAMANTH NAIK., HCGP FOR R1 TO R8 SRI. ACHAPPA P.B., ADVOCATE FOR R9 & R10 SRI. V.SRINIVAS., ADVOCATE FOR R11 R12 SERVED - UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH REMINDER DTD 07.10.2024 VIDE BEARING NO. SANKE- THAMATHA/ITHARE/03/2024-25 PASSED BY THE R-5 ARE PRODUCED HEREWITH ANNEXURE-R AND DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO OPEN THE SKYWALK GLASS BRIDGE SITUATED AT NANDI MOTTE MADIKERI AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner, as an enthusiastic entrepreneur, has put up a Skywalk at Nandi Motte, Madikeri which has a transparent glass bottom, which is a tourist attraction. It is contended that the petitioner has invested huge sums of money for the construction and erection of the Skywalk - 6 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 Glass Bridge. It is contended that the petitioner approached the Panchayat Development Officer, of K.Nidugane Gram Panchayat and the said authority approved the project and issued a No Objection Certificate to the petitioner. Thereafter the construction was put up and the petitioner has run the show for nearly two months. Thereafter, at the instance of respondent No.12 in W.P.No.27551/2024, action was initiated by the Deputy Commissioner, Madikeri District. It is contended that the Deputy Commissioner, invoking the Disaster Management Act, 2005 and in public interest, directed all such skywalk Glass Bridge in Madikeri District, shall not be permitted to be used, until further orders. 2. During the course of these proceedings, this Court found that the Gram Panchayat may not be the competent authority to sanction such complicated Projects. The provisions contained in The Karnataka Gram Swaraj and Panchayat Raj Act, 1993, more particularly, Section 64 empowers the Gram Panchayat to consider applications for - 7 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 erection of any building or alter or add to any existing building or set up mobile towers atop or alongside or in any vacant space within the premises. 3. In the considered opinion of this Court, having regard to the admitted fact that the Gram Panchayat does not have the wherewithal and expertice to consider the Project of such nature and in fact, even in respect of multistoried buildings, it is the Town Planning Authority of the District which is required to consider such application. In that regard, certain directions were issued to the respondent-State and the Deputy Commissioner to point out to such provision of law. 4. Today, learned Additional Advocate General appearing on behalf of the respondent-State and the Deputy Commissioner has brought to the notice of his Court one such law which is in the nature of an Government order viz., the Licencing and Controlling of Places of Public Amusements (Ramanagara District) Order – 2008, a notification issued on 19.06.2008. Applications - 8 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 for grant of licences to conduct or organize any public amusement is required to be made to the licencing authority in six sets in Form No.1. The Licencing Authority, under the said order would be the District Magistrate. Clause (4) of the order enumerates various other authorities whose expert opinion is also required to be taken, such as the Superintendent of Police, the Executive Engineer, Public Works Department, the Health Officer, the Officer of the Chief Electrical Inspectorate, the Fire Officer etc. Similarly, the learned Additional Advocate General had also placed on record an affidavit of the Deputy Commissioner, Kodagu District on 03.12.2024 along with a communication made to the Director of Tourism Department. Reference is also made by the Deputy Commissioner, in the said communication that such skywalk glass bridges should be considered as adventurous tourism and the Tourist Department should also be involved in the process of grant of such permission. - 9 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 5. At this juncture, learned Senior Counsel appearing for the petitioner submits that the petitioner has already secured many such certifications at the hands of experts, including that of the Indian Institute of Science and the Executive Engineer of Public Works Department. 6. Having regard to the grievance made out by the petitioner and the predicament of the Deputy Commissioner in considering the case of this nature, this Court is of the considered opinion that the Deputy Commissioner, Kodagu District, is required to verify from the State Government, having regard to the Government Order passed in respect of Ramanagara District as noticed hereinabove. Information should also be secured from the Tourism Department. At any rate, if the petitioner has already secured experts’ opinion from the Indian Institute of Science and the structural stability certificate at the hands of the Executive Engineer, Public Works Department, then if any other information or certifications is required by the Deputy Commissioner, the same can be - 10 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 called for from the petitioner. No sooner, the petitioner furnishes such certifications, the Deputy Commissioner shall proceed to grant permission to the petitioner to proceed to make use of the skywalk glass bridge. 7. Having regard to the Government Order in respect of Ramanagara District, even if such an order is not found in respect of Kodagu District, the Deputy Commissioner shall call upon the petitioner to furnish any other information/certificates as required under the said Government Order. If any specific requirement comes from the Tourism Department, considering the skywalk as an adventurous sport, such certificate shall also be produced by the petitioner. The Deputy Commissioner shall inform the petitioner regarding such requirement within a period of 15 days from the date of receipt of a copy of this order. No sooner the petitioner furnishes all the requisite information/certificate thereafter, the Deputy Commissioner shall consider and re-issue permission to the petitioner to proceed to make use of the skywalk glass - 11 - NC: 2025:KHC:2234 WP No. 18181 of 2024 C/W WP No. 12231 of 2024 WP No. 27551 of 2024 bridge, as expeditiously as possible and at any rate within 15 days from the date when the petitioner places all such information before the Deputy Commissioner. The permission granted to the petitioner on the previous date of hearing for the purpose of maintenance of the skywalk bridge shall continue till necessary orders are passed by the Deputy Commissioner. 8. Insofar as the encroachment said to have been made by the petitioner in respect of about 1 or 2 cents of land, the Deputy Commissioner is free to take any decision to enable the petitioner to continue his business. The writ petitions stand disposed of. In view of the above, all pending I.As., stand disposed of accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL