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Ex-parte stay against clearance drive

Ex-parte stay against clearance drive


Mangalore Today News Network

Mangaluru, June 18 2018: A private educational institution in the city has obtained an ex-parte temporary injunction against encroachment clearance on the storm-water drain by the side of the highway near Kodical Cross in Bangra Kuloor by the district administration and Mangaluru City Corporation.


clearance driv...


The temporary injunction order was passed by the first Additional Civil Judge and JMFC Court here on an interlocutory application filed along with the original suit by Ganesh Rao S., founder-chairman of Karavali Group of Institutions. Deputy Commissioner Sasikanth Senthil S. and Mangaluru City Corporation Commissioner Mohammed Nazir are the two defendants in the case.

In the order passed on June 8, the judge observed “At this stage, it is necessary to prevent the act of the defendant, and if the temporary injunction order is not granted in favour of the plaintiff (Ganesh Rao), the very purpose of the suit will be defeated. Therefore, it is necessary to grant ex-parte injunction order against the defendant as stated in interlocutory application till the date of the next hearing.” The judge has issued summons to the two defendants and posted the matter to June 25.

In the original suit,  Rao has said that he was the absolute owner of 0.5 acres of land in Bangra Kuloor area, near Kodical Cross, off the National Highway 66 from where the Karavali Group of Colleges functions. The property was well within the compound wall of the land and there was no encroachment whatsoever, he said.

Plaintiff  Rao said that on May 30 and June 5 corporation personnel came with machinery to demolish the compound wall stating that there was encroachment of the drain by the side of the highway. Rao said that he has so far not received notice under the Land Acquisition Act.

Having prevented the authorities from demolishing the property,  Rao said that he has approached court as he feared attempts by the defendants to trespass his property.

DK DC Senthil stated that the district administration will move court on today June 18,  for vacating  ex-parte injunction order. He said that work to remove encroachments of drains in the city as pointed out by the committee under the leadership of Commissioner of Mangalore Urban Development Authority will go on.

On the stretch between Kottara Chowki and Bangra Kuloor, DC   Senthil said, a drain has been in existence off the National Highway for several years. This drain appears to have changed its course in some places due to encroachments. “We are getting a report from the National Institute of Technology-Karnataka, Surathkal, mapping the drain and showing encroachments and deviations. We will remove encroachments without violating the order of the court,” he said.


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