- 1 - HC-KAR NC: 2026:KHC:14529 WP No. 33043 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 33043 OF 2025 (LB-RES) BETWEEN: 1. SRI. H.R.PRAKASH S/O LATE RAMAIAH GOWDA AGED 63 YEARS R/AT KOTEKOPPA MAHISHI POST THIRTHAHALLI TALUK SHIVAMOGGA DIST-577 432. …PETITIONER (BY SRI. PRAKASH M.H., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE DEPARTMENT OF MUNICIPAL ADMINISTRATION VISHVESHVARAIAH TOWERS DR. AMBEDKAR STREET BANGALORE-560 001. REP. BY ITS DIRECTOR. 2. THE DEPUTY COMMISSIONER SHIVAMOGGA SHIVAMOGGA DIST-577 432. 3. THIRTHAHALLI PATTAN PANCHAYATH Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14529 WP No. 33043 of 2025 THIRTHAHALLI TOWN SHIVAMOGGA DIST-577 432. REP. BY THE CHIEF OFFICER 4. DEPARTMENT OF TOWN AND COUNTRY PLANNING BEHIND KSRTC DEPO, MILLAGHATTA M. ANANDARAO LAYOUT SHIVAMOGGA-577 432. REP. BY THE ASSISTANT DIRECTOR. 5. SMT. PRATHIBHA PRAKASH PAI W/O PRAKASH PAI AGED 50 YEARS R/AT MULABAGILU VILLAGE RANJADAKATTE THIRTHAHALLI TALUK SHIVAMOGGA DIST-577 432. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1, R2 AND R4; SRI. M.R.PATIL, ADVOCATE FOR R3; SRI. ASHOK HARANAHALLI, SR.COUNSEL FOR SRI. S.V.PRAKASH, ADVOCATE FOR R5) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO RESPONDENT NO.2 TO TAKE IMMEDIATE ACTION AGAINST RESPONDENT NO.5 ACTING ON THE REPRESENTATION 23.05.2025 VIDE ANNEXURE-V FOR CHANGING THE COURSE OF A RAINWATER DRAIN, RAJKALUVE IN SY.NO.5/1, 5/2, 5/3, 5/5 OF THIRTHAHALLY TOWN AND TO RESTORE THE SAME AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14529 WP No. 33043 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner is a neighbour of respondent no.5. He has made an allegation against respondent no.5 that she has constructed a building by changing the course of a rain water drain, Rajukalve in several survey numbers of Thirthahally Town. He has made representations to respondent nos.2 and 3 in this regard. However, as no action has been taken, the present petition is filed with the following prayers: "a. A Writ in the nature of mandamus to respondent No.2 to take immediate action against respondent No.5 acting on the representation 23.05.2025 vide Annexure-V for changing the course of a rainwater drain, Rajkaluve in Sy.No.5/1, 5/2, 5/3, 5/5 of Thirthahally town and to restore the same. b. A writ in the nature of mandamus to respondent No.3 to take necessary action on the representations dated: 21.12.2024 and 16.05.2025 vide Annexures-S & T against respondent No.5 for violating the sanctioned plan and the conditions stipulated therein, vide Annexure-N. - 4 - HC-KAR NC: 2026:KHC:14529 WP No. 33043 of 2025 c. pass any other order or issue writs under the circumstances of the case that this Hon'ble Court deems fit in the interest of justice and equity." 2. Learned Senior counsel Sri.Ashok Haranahally appearing for respondent no.5 submits that, no such violation is committed by respondent no.5. He further submits he has no objection for respondent nos.2 and 3 to conduct the necessary spot inspection and upon such inspection if it is found the allegation of petitioner to be true, he is willing to remove the alleged illegal construction, if any. Respondent no.5 in fact disputes the very existence of Rajakaluve in that area. 3. Learned AGA, and the learned counsel for respondent no.3 submit that the jurisdictional officers will do the necessary inspection and will take appropriate action in accordance with law. 4. Respondent nos.2 and 3 with the jurisdictional ADLR are hereby directed to conduct inspection of the property which is the subject matter of the writ petition and take appropriate action, if needed in accordance with law. - 5 - HC-KAR NC: 2026:KHC:14529 WP No. 33043 of 2025 5. The said inspection and orders will be passed within a period of three months from the date of receipt of certificate copy of this order. 6. The writ petition stands disposed of accordingly. 7. It is needless to state if any construction put up by respondent no.5 is in violation of law, the authorities concerned are obliged to have the same removed. 8. It is also hereby clarified that no opinion is expressed on the fact whether respondent no.5 has put up illegal construction or not and it is for the authorities concerned to do the necessary inspection and take appropriate decision in accordance with law. Pending I.As., if any, stand disposed of. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 42