IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 5TH DAY OF AUGUST, 2014 BEFORE THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.37437/2014 (GM-RES) BETWEEN: C.V. SATHISH S/O LATE VENKATAPPA AGED 39 YEARS, PROPRIETOR COORG WATER AMUSEMENT AND ADVENTURE (R) CHIKKATHUR VILLAGE, KUDUMANGALURU POST KUSHALNAGAR-571232 SOMWARPET TALUK KODAGU DISTRICT. ... PETITIONER (BY SRI T.A. KARUMBAIAH, ADV.)
STATE OF KARNATAKA TOURIST DEPARTMENT M.S.BUILDING, Dr. B.R.AMBEDKAR ROAD, BANGALORE-560 001 REP. BY ITS SECRETARY.
THE DIRECTOR TOURIST DEPARTMENT KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001. ...RESPONDENTS (BY SRI H.B. MAHESH, HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 2ND RESPONDENT TO ISSUE NO OBJECTION CERTIFICATE TO THE
PETITIONER TO CARRY ON RIVER RAFTING IN KAVERI RIVER AT DUBBARE, SOMWARPET TALUK, KODAGU DISTRICT. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner obtained NOC from Tourism Department on 12.12.2007 to carry on river rafting at Dubare. He had also obtained NOC on 29.06.2009 from the
Department to carry on river rafting in Kaveri river at Dubare, Somwarpet Taluk in Kodagu District. Though an application
25.08.2012, vide Annexure-F, to issue NOC for carrying on river rafting activity at Dubare, the request having not been
submitted on 04.07.2014.
Finding no response, this writ
petition was filed for issue of mandamus as against the 2nd respondent, to consider the representations made vide Annexures-F & G. 2.
Heard Sri T.A. Karumbaiah, learned advocate
for the petitioner and Sri H.B. Mahesh, learned HCGP for the respondents and perused the writ petition record.
Petitioner has submitted representations vide
Annexures –F & G, to the 2nd respondent.
representations contain the seal and signature of the receiving official in the office of the 2nd respondent. Since the petitioner had the authority to carry on river rafting at Dubare, in Kaveri river, for the earlier periods, there is an obligation to the 2nd respondent to consider the grievance made vide Annexures – F & G, of the petitioner. Inaction being arbitrary, the 2nd respondent is required to be directed to consider the said representations. Without going to the merit of the claim made by the petitioner, respondent No.2 is directed to consider the claim of the petitioner, made in Annexures – F & G within a period of four weeks from the date a copy of this order is submitted
respondent. No costs.