IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28676 of 2008 Between: Vikram Chandra Sanyasi Raju s/o. Late Raja Lakshminarasimha Sanyasi Raju R/o. Kota Veedhi, Salur, Vizianagaram District. ..... PETITIONER AND 1 Municipal Council, Salur Municipality, Salru, Vizianagaram District, rep. by its Chairman. 2 The Commissioner, Salur Municipality, Salru, Vizianagaram District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents in not acting on the representation filed by the petitioner dated 25.11.2008 in respect of the property admeasuring an extent of Acs.0-38 cents falling u n d e r Salur Municipality and not removing the illegal structures constructed in the said site without obtaining permission, as bad, illegal, arbitrary and oppose to law, and pass Counsel for the Petitioner:MR.M.VIDYASAGAR Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : ORDER The petitioner approached this Court and filed the present writ petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that the Hon’ble Court may be pleased to issue a writ, order or direction, more particularly a writ in the nature of writ of Mandamus declaring the action of the respondents in not acting on the representation filed by the petitioner dated 25.11.2008 in respect of the property admeasuring an extent of Acs.0-38 cents falling under Salur Municipality and not removing the illegal structures constructed in the said site without obtaining permission, as bad, illegal, arbitrary and oppose to law and pass such other order or orders as the Hon’ble Court may deem fit and proper”. It is the case of the petitioner that he belongs to Zamindari family of Salur estate. The entire properties of Salur estate were under the management of the Court of Wards. The petitioner inducted tenants in an extent of Ac.0-38 cents, in which they have been running petty business by constructing permanent structures without obtaining necessary permission from the Municipality. Though he prevented them from making such constructions, they paid deaf ear. The petitioner made several representations before the 2nd respondent, but he did not take any action, instead he is taking steps to issue property tax demand notices recognizing the tenants as owners of the said property. Therefore, the petitioner made a representation to the 1st respondent on 25.11.2008 informing about the illegal action of the 2nd respondent in trying to regularize the illegal encroachments, but in vain. Hence, the present writ petition. Having heard the learned counsel for the petitioner and the learned Standing Counsel for Municipalities, this writ petition can be disposed of at the admission stage. Accordingly, this writ petition is disposed of directing the 1st respondent to consider the representation submitted by the petitioner on 25.11.2008 and pass necessary orders within a period of six weeks from the date of receipt of a copy of this order. No costs. __________ 30-12-2008 rkk