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2025 DAILYLAW 56581 (KAR)

SRI.C. HEMANTH KUMAR v. THE TAHSILDAR

WP/14833/2025 · 2025-11-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44502 WP No. 14833 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14833 OF 2025 (GM-FOR) BETWEEN: 1. SRI.C. HEMANTH KUMAR S/O LATE CHELUVARAJU, AGED ABOUT 45 YEARS, 2. SRI.C.BALASUBRAMANYA, S/O LATE CHELUVARAJU, AGED ABOUT 46 YEARS, 3. SRI. C.SAVITHA, D/O LATE CHELUVARAJU, AGED ABOUT 40 YEARS ALL ARE RESIDING AT NO.40, 9TH CORSS, O.D.BLOCK, RAJENDRANAGAR, MYSURU CITY-570007 …PETITIONERS (BY SRI. KUMARA K G.,ADVOCATE) AND: 1. THE TAHSILDAR H.D.KOTE TALUK, H.D.KOTE, MYSURU DISTRICT 571114 2. THE ASSISTANT CONSERVATOR OF FOREST H.D.KOTE, MYSURU DISTRICT -571114 …RESPONDENTS (BY SRI. B. RAVINDRANATH., AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44502 WP No. 14833 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R-2 TO CONSIDER ONLINE REPRESENTATION DTD. 21.06.2024 ANNX-B GIVEN BY THE P-1 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: i) Issue Writ of Mandamus directing the respondent No.2 to consider online representation dated 21-06- 2024 Annexure-B, given by the petitioner No.1, ii)Issue Writ of Mandamus directing the respondent No.2 to consider online representation dated 02-07- 2024 Annexure-B1, given by the petitioner No.2 iii)Issue Writt of Mandamus directing the respondent No.2 to consider online representation dated 21-06- 2024 Annexure-B2, given by the petitioner No.3 iv) Issue Writ of Mandamus directing the respondent No.2 to consider online representation dated 20-09- 2024 Annexure-C, given by the petitioner No.2 v) Issue any other writ or order or orders as this Hon'ble Court be deems fit it necessary under the facts and circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:44502 WP No. 14833 of 2025 2. The petitioners claim to be owner of 2 acres and 33 guntas of land in Sy.No.40/501 situated in Hirehalli village, Kasaba Hobli, Heggadadevanakote taluk, Mysuru District. The contention of the petitioners is that there being various trees, which are situated in the said property, the felling of the trees requires suitable permissions to be obtained, as such online application has been submitted by the petitioner No.1 on 21.06.2024 at Annexure-B, dated 2.07.2024 at Annexure-B1 by petitioner No.2 and dated 21.06.2024 at Annexure-B2 by petitioner No.3 and also another application submitted by petitioner No.2 on 20.09.2024 at Annexure-C. Despite lapse of more than a year, no action having been taken, the petitioners are before this court seeking for the aforesaid reliefs. 3. Whenever any application is made by a citizen to any authority, the same is required to be considered, necessary orders passed within a reasonable period - 4 - HC-KAR NC: 2025:KHC:44502 WP No. 14833 of 2025 of time either accepting or rejecting the request made. Needless to say, when any order of rejection is passed, the same is required to be accompanied by reasons. Neither of them having been made, I pass the following: ORDER i. The writ petition is allowed. Mandamus is issued directing respondents to consider the online application of the petitioners at Annexures-B, B1, B2 and C within a period of four weeks from the date of receipt of copy of this order. ii. It is made clear that this Court has is not expressed any opinion on the entitlement of the permission sought for by the petitioners. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 64