- 1 - HC-KAR NC: 2025:KHC:31530 WP No. 28116 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 28116 OF 2023 (LB-RES) BETWEEN: 1. ATHMARAMAN M.S. S/O M.SRINIVASAN AGED ABOUT 50 YEARS R/O 2ND CROSS, EASTERN EXTENSION NEHARUNAGARA, KEB OFFICE ROAD MANDYA-571 401. …PETITIONER (BY SRI. NAGAMANI M.S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MADNYA DISTRICT MANDYA-571 401. 2. MUNICIPAL COUNCIL MANDYA-571 401. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI. G.M.ANANDA, ADVOCATE FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.1 HEREIN TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 09/01/2023 VIDE ANNEXURE-D AND ETC. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31530 WP No. 28116 of 2023 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that she is residing in 2nd Cross, Nehrunagara, K.E.B. Office Road, Mandya. It is submitted that there are certain buildings which are illegally constructed on the said area and used for commercial purposes without obtaining necessary permissions. On the said ground, she has made a representation to respondent no.2 to initiate appropriate action against the persons who are illegally utilizing the properties for commercial purposes. On the ground that no action has been initiated pursuant to her representation, the present writ petition is filed with the following prayers: "a) Issue a writ of mandamus directing the respondent 1 herein to consider the representation of the petitioner dated; 9-1-2023 vide Annexure-D. b) Issue a writ of mandamus directing the respondent No.2 herein and take action to clear the footpath as directed by the respondent No.1 - 3 - HC-KAR NC: 2025:KHC:31530 WP No. 28116 of 2023 as per the letter dated; 11-9-2023 vide Annexure-E, in the interest of justice and equity." 2. This Court by an interim order dated 14.03.2024 passed the following order: "The petitioner, who asserts ownership of a residential property in Nehru Nagar, 2nd Cross, KEB Office Road, Mandya, has filed this petition for consideration of his representation, and this representation inter alia reads that the neighbours have put up commercial constructions obtaining residential plans without setback. This Court has directed the Commissioner, City Municipal Council, Mandya [the second respondent] to inspect the petitioner's property and to ascertain if the foot path in front of the petitioner's house is encroached and if the petitioner’s right of way is disturbed. The Commissioner, City Municipal Council, Mandya has filed a report that on 11.01.2023 stating that the property was inspected and at the time of inspection there was no obstruction to the petitioner's access. This Court must observe that this could be one part of the petitioner's complaint, but the other part is about the neighbours' building commercial constructions after securing residential plan and without set back. The least that the second respondent - 4 - HC-KAR NC: 2025:KHC:31530 WP No. 28116 of 2023 must do is to inspect the property and file a report on the following for complete adjudication: [a] Whether indeed there are commercial constructions on either side of the petitioner's property, [b] If there are commercial constructions, whether the plans are sanctioned for the same and, [c] whether the constructions are contrary to the plan. The Commissioner, City Municipal Council, Mandya shall file a report on the next date of hearing, and the office is directed to re-list this petition on 05.04.2024." 3. Pursuant to the directions of this Court, a report has been submitted by respondent no.2 stating that there have been certain violations in construction of the building and also usage of residential properties as commercial properties and appropriate action will be initiated against the erring persons. 4. However, it is seen that the petitioner has not impleaded the affected parties in the instant writ petition. Under the said circumstances, the following: - 5 - HC-KAR NC: 2025:KHC:31530 WP No. 28116 of 2023 ORDER The writ petition is disposed of with a direction to respondent nos.1 and 2 to hear all the affected parties and thereafter initiate appropriate action in accordance with law in respect of the alleged illegal construction and usage of properties situated in 2nd Cross, Nehrunagara, K.E.B. Office Road, Mandya, as expeditiously as possible. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 74