Mangaluru, Dec 03, 2016: It is reported as a serious failure for MCC, Mangaluru city corporation, a city court has dismissed a case filed by it to recover Rs 22.36 lakh from a contractor, who had successfully collected stall fees from civic body’s two markets at Surathkal.
The contractor Sathish Muchur, son of former mayor Rajani Dugganna, convinced the principal senior civil judge and CJM N Sunil Kumar Singh that MCC does not have a tenable case against him.
MCC had proceeded against Sathish for the recovery of the amount through original suit number 67/2015 filed on March 31, 2015. The MCC paid a court fee of Rs 1.19 lakh in the nature of suit valued at Rs 22.36 lakh that was recovery of money. The judge in his 22-page judgment, has effectively shut the doors on the civic body from filing a further appeal against the order.
Incidentally, this issue figured prominently in the monthly meeting of the civic body recently with Hosabettu ward corporator Prathibha Kulai raising the issue. Pratibha said it was failure of legal team of MCC to effectively argue the case that has resulted in the above setback. "MCC has failed to back its legal team by providing the necessary documents that could have nailed Sathish and also helped the civic body recover dues that legally belongs to it," she contended.
Party corporator Naveen D’Souza and former mayor Mahabala Marla also took the commissioner Mohammad Nazeer to task and questioned him. While Naveen wanted to know why the legal counsel of MCC (G B Prabhu) failed to produce the relevant documents before the court, Marla asked that from whom will this amount be recovered now. Pratibha said the civic body cannot remain a mute spectator to such loss of revenue and has to be more prudent in its actions.
Admitting that MCC has no case for appeal as per the legal advise and the documents that he had perused, Mohammad Nazeer said he has directed the deputy commissioner (revenue) to conduct an enquiry and fix responsibility of officials/staff of the revenue department for failing to assist the legal team mount a stronger legal challenge.
"If it is within my powers to act against those responsible for this lapse, I will do so or write to the government seeking action," he assured.