JUDGEMENT
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(1.)The petitioner, D.H. Moidu, Son of D.P. Hussainar Hajee has filed this petition in this Court against the Respondents, (1) The Commissioner, City Municipality, Madikeri, (2) The Commissioner, Urban Development Authority and (3) The Executive Engineer, CHESCOM, Madikeri, with the following prayers:
Date of Order 23-08-2017 W.P.Nos.27021/2017 and 29984-989/2017 D.H. Moidu Vs. The Commissioner and others "a) Issue a writ in the nature of Certiorari or any other appropriate writ or order to quash the order of cancellation of building license dated 27/3/2017, vide: No.MaNaSa/Ka.Vya/2016-17 issued by the 1st Respondent as per Annexure-B.
b) A writ in the nature of mandamus or any other appropriate writ or order or direction, directing the Respondent to issue Form No.3 to the building of petitioners.
c) A writ in the nature of mandamus or any other appropriate writ or order or direction, directing the 3rd Respondent to give permanent electricity connection to the building of the petitioner.
d) Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the case including cost in the interest of justice and equity."
(2.)This Court while issuing notice to the Respondents had passed the following order on 09/08/2017: Date of Order 23-08-2017 W.P.Nos.27021/2017 & 29984-989/2017 D.H. Moidu Vs. The Commissioner & others
"1. Learned counsel for the petitioner submits that despite service of notice on the respondents - the Commissioner, City Municipality, Madikeri and the Commissioner, Urban Development Authority, Madikeri and the Executive Engineer, CHESCOM on 24.07.2017, but none of them has appeared before the Court even today nor objections have been filed.
2. Learned Government Advocate undertakes to inform the respondents to immediately make arrangements for appearance on their behalf and also file their statement of objections. If it is not done by next date, the Commissioner of City Municipality, Madikeri shall appear in this Court and deposit a sum of Rs.25,000/- from his personal resources in the Registry of this Court, for delay in responding to the summons of this Court. Put up this matter on 23.08.2017."
(3.)Today, Ms. B. Shubha, Commissioner of City Municipal Council, Madikeri is present in the Court and Ms. Date of Order 23-08-2017 W.P.Nos.27021/2017 and 29984-989/2017 D.H. Moidu Vs. The Commissioner and others Sowmya M.N., Commissioner, MUDA, Madikeri is also present in the Court. They have filed their Affidavits and Statement of Objections before this Court.
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