THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33030 OF 2011 O R D E R: This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of respondent Nos.1 and 2 in not taking action on the illegal constructions made by respondent No.3 in premises bearing D.No.10-1-13, Sri Lakshmi Kanthamma Complex situated in 17th Ward, Tallamudunurupadu, Tadepalligudem inspite of bringing the same to their notice as illegal and arbitrary. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner is the absolute owner of the property to an extent of Ac.0.21 cents in R.S.No.47, Tallamudunurupadu, Tadepalligudem, West Godavari District, which is an ancestral property. Respondent No.3 is his neighbouring land owner on the northern side of his property, who constructed a complex without any sanctioned plan from the official respondents. Initially, he constructed ground and first floors without leaving any setbacks and contrary to the Rules. Inspite of oral representations by the petitioner to the official respondents, no action has been taken by them. When respondent No.3 started to construct the second floor, the petitioner made a representation to respondent No.1 on 01.12.2011 but of no use. When respondent No.3 laid slab for the second floor, he issued a telegraphic notice on 29.11.2011 to respondent No.1. The Municipal authorities issued notice to respondent No.3 but did not take any further action. Hence, he filed the present writ petition. 3. Learned counsel for the petitioner contended that respondent No.3 is making illegal constructions in the subject premises without there being any permission from respondent Nos.1 and 2 and hence, he prays to issue a direction to respondent Nos.1 and 2 to take appropriate action for making illegal constructions by respondent No.3. 4. On the other hand, learned Standing Counsel appearing for respondent Nos.1 and 2 contended that after following the due process of law, necessary action would be initiated against respondent No.3 if he is making any constructions contrary to the sanctioned plan or making constructions without there being any sanctioned plan. 5. The grievance of the petitioner is that respondent No.3 is making illegal constructions in the aforementioned premises and the second floor is alleged to have been constructed by respondent no.3 without there being any prior sanction. It is also the further case of the petitioner that there are certain deviations as against the sanctioned plan. Whether respondent No.3 has made constructions contrary to the sanctioned plan, or without there being any sanctioned plan or not have to be considered by respondent Nos.1 and 2. Therefore, respondent Nos.1 and 2 are directed to take appropriate decision in accordance with law in removing the constructions made by respondent No.3 if they are made contrary to the sanctioned plan within a period of eight (8) weeks from the date of receipt of a copy of this order. In the meantime, respondent No.3 shall not make any further constructions except in accordance with the sanctioned plan. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 26th December, 2011 Note:- Furnish C.C. within two days. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33030 OF 2011 Date:26.12.2011 AMD