THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22528 of 2011 Date:23.08.2011 Between: V.V.Suvarneswara Raju ..... Petitioner AND Bhimavaram Municipality, reptd., by its Commissioner, Bhimavaram, West Godavari District and three others. .....Respondents Counsel for the Petitioner : Sri V.S.R.Anjaneyulu Counsel for Respondent Nos.1: Sri T.Bheemanna for Sri S.Nageswara Reddy Standing Counsel for Municipalities Counsel for Respondent Nos.3 & 4: Sri A.V.Seshasai Counsel for Respondent No.2: ------ The Court made the following: ORDER: The grievance of the petitioner, who is the immediate neighbour of respondent Nos.3 and 4, is that having noticed serious violations in construction of the building by the said respondents, respondent No.1 has not been taking proper action even though it has issued provisional notice, dated 28.05.2011 and confirmation order, dated 01.06.2011, under the A.P. Municipalities Act, 1965 (for short ‘the Act’). The fact that respondent No.1 has issued the provisional notice, dated 28.05.2011, and confirmation order, dated 01.06.2011, is not denied by respondent Nos.3 and 4. They, however, asserted that they have not raised structure with the deviations as alleged by the petitioner and also conceded that in the event any such deviations exist, respondent No.1 shall be free to take appropriate action. Respondent No.1-Municipality is vested with the power and obligation to ensure that buildings are constructed strictly in conformity with the sanctioned plan. If it finds construction of buildings in deviation of the sanctioned plan, it is bound to take action according to law. Having issued the provisional notice under Section 228(2) and confirmation order under Section 228(3) of the Act, respondent No.1 is bound to take appropriate action in respect of the illegal structures raised by respondent Nos.3 and 4. Accordingly, a Mandamus shall issue to respondent No.1 to take action in pursuance of the confirmation order, dated 01.06.2011, within a period of one month from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.27524 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 23rd August, 2011 DR