1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 304 OF 2005. 1. Shri Digamber Atma Naik, major, businessman, resident of H. No. 38­B, behind St. Joaquim Chapel, Borda, Margao, Goa and 2. Smt. Nalini D. Naik, major, housewife, resident of H.No. 38­B, Behind St. Joaquim Chapel, Borda, Margao, Goa. .... Petitioners. Versus 1. The Chief Officer, Margao Municipal Council, Margao, Goa; and 2. Shri Caetano R. Dourado, H. No. 38/A, Behind St. Joaquim Chapel, Borda, Margao, Goa. .... Respondents. Mrs. A.A. Agni, Advocate for the Petitioners. Mr. S.D. Padiyar, Advocate for the Respondent No.1. CORAM: R. M. LODHA & N. A. BRITTO, JJ. Date: 19th SEPTEMBER, 2005. ORAL JUDGMENT: (PER R.M. LODHA, J.) Heard. 2 2. Rule, returnable forthwith. Shri S.D. Padiyar, Advocate waives service for Respondent No.1. For the consideration of the limited controversy, service on respondent No.2 is not necessary and, accordingly, we dispense with the service of Rule on respondent No.2. Rule is heard finally at this stage. 3. Inter alia the contention of the learned counsel for the petitioners is that the petitioner No.1 has been directed to rectify and maintain the original drainage without giving notice to him. The learned counsel for the respondent No.1 does not dispute this position. In the circumstances, we are satisfied that the communication dated 11th May, 2005 should be treated as show cause notice to the first petitioner as to why he should not be directed to rectify and maintain the original drainage and he must be given an opportunity to respond and have his say before the respondent No.1 before any decision is taken by the respondent No.2. 4. Accordingly, we dispose of the Writ Petition by the following Order :­ (i)The communication dated 11th May, 2005 to the first petitioner shall be treated as show cause notice to him. (ii) The petitioner No.1 shall submit his reply within two weeks from today. (iii) The concerned authority viz., the Chief Officer, 3 Margao Municipal Council shall hear the petitioner and the respondent No.2 and pass appropriate order in accordance with law. 5. Rule is disposed of in the aforesaid terms. No costs. R. M. LODHA, J. N. A. BRITTO, J. sl.