THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.21738 of 2009 ORDER: The petitioner is a resident of Bhimavaram Town. He submits that the 2nd respondent is the owner of the plot, opposite to his house; was accorded permission to construct ground and two upper floors, but in the course of construction, she not only deviated from the sanctioned plan, but also constructed unauthorisedly, the 3rd and 4th floors. Pointing out the nature of deviation said to have been resorted to by the 2nd respondent, the petitioner made a representation dated 13-08-2009 to the 1st respondent, with a prayer to take necessary action. His grievance is that, no action has been taken by the 1st respondent. The 2nd respondent filed a counter-affidavit, denying the allegation made by the petitioner. She admits that the 3rd and 4th floors were constructed without permission. However, she is said to have submitted an application on 05-07-2008 to the 1st respondent for regularization of the construction. A sum of Rs.3,18,770/- is said to have been paid, towards penalty. Heard Sri S.V.R. Subrahmanyam, learned counsel for the petitioner, Sri S. Nageshwar Reddy, learned Standing Counsel for the 1st respondent, and Sri B.Chandrasekhar, learned counsel for the 2nd respondent. This writ petition discloses as to how fast the family structure and family relationship are loosing their importance. In his representation dated 13-08-2009, as well as in the affidavit filed in this writ petition, the petitioner described the 2nd respondent as though she is a stranger. However, the fact of the matter is that the 2nd respondent is none other than the elder sister of the petitioner. Both of them were medical practitioners. The education that they have received, and the money they earned, over a period of time, has only made them to forget about the blood relation, between them. The petitioner has merged as the true representative of the materialistic world, which in a way, is posing threat to the family structure. The grievance of the petitioner is that the 2nd respondent has constructed 3rd and 4th floors without permission. It is not in dispute that the ground, 1st and 2nd floors were constructed with permission. The Government has introduced a scheme, for regularization of unauthorized constructions. The 2nd respondent has submitted an application to avail the benefit under the scheme, and had paid considerable amount towards penalty. The scheme itself mandates that, whenever an application is filed for regularization, punitive steps shall not be taken against such construction. Therefore, the 1st respondent cannot be expected to proceed against the construction made by the 2nd respondent, as long as the application is pending. The objections raised by the petitioner, if any, can be taken into account, by the 1st respondent, while dealing with the application for regularization. Hence, the writ petition is disposed of, directing that the 1st respondent shall take into account, the representation dated 13-08-2009, submitted by the petitioner, as and when the application filed by the 2nd respondent for regularization is taken up. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.17-12-2009. KO