IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11984 of 2009 Between: 1. Smt.A.Jhansi Rani w/o.Abbulu Chowdary, R/o.S2, Vaistnavi Apartments, Behind Government Arts College, Jaya Krishnapuram, Rajahmundry, East Godavari District. 2. Sri.G. Ravi Kumar S/o.Subba Rao, R/o.S4, Vaistnavi Apartments, Behind Government Arts College, Jaya Krishnapuram, Rajahmundry, East Godavari District. 3. Sri.U.V. Subrahmanya Pera Avadhani S/o.Bhimeswara Sarma, R/o.T1, Vaistnavi Apartments, Behind Government Arts College, Jaya Krishnapuram, Rajahmundry, East Godavari District. 4. Smt.N.Satya Matha W/o.Ratnaji, R/o.G2, Vaistnavi Apartments, Behind Government Arts College, Jaya Krishnapuram, Rajahmundry, East Godavari District. ..... PETITIONERS AND 1 The Rajahmundry Municipal Corporation, Rajahmundry, represented by its Commissioner. 2 The Town Planning Officer, Rajahmundry Municipal Corporation, Rajahmundry, East Godavari District. 3 M/s. Saravana Associates, represented by its Partner Sri Ravipati Sri Krishna Vara Prasad, S/o. Satyanarayana Chowdary, R/o.25-08-4/1, Jaya Krishnapuram, Rajahmundry, East Godavari District. 4 Smt.J.Padmaja Prasad W/o.J.S.Prasad, Sarvan Associates, Gandhipuram-3, Rajahmundry, East Godavari District. 5 Superintendent of Police, Vigilance and Enforcement Department, Tilak Road, Rajahmundry, East Godavari District. Andhra Pradesh. .....RESPONDENTS 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 an appropriate writ or order more particularly one in the nature of writ of mandamus declaring the action of the 1st and 2nd respondents in not initiating any action against construction of pent house in door No.25-7-11 to 25-7-11/19, Vaistnavi Apartments, Behind Govt. Arts College, Jaya Krishnapuram, Rajahmundry, as illegal, arbitrary and consequently direct the 1st, 2nd & 5th respondents to initiate action against unauthorized construction of pent house for removal of unauthorized construction and to pass. Counsel for the Petitioner:MR.SRINIVAS DAMMALAPATI Counsel for the Respondents : MR.A.VISHNU VARDHAN REDDY The Court made the following : THE HON'BLE MS JUSTICE G. ROHINI Writ Petition No.11984 of 2009 ORDER: This Writ Petition is filed seeking a declaration that the action of the respondents 1 and 2 in not considering the representation made by the petitioners, dated 03-04-2009 complaining about the alleged illegal constructions made by the respondents 3 and 4 at door No.25-7-11 to 25-7-11/19, Vaistnavi Apartments, Behind Government Arts College, Jaya Krishnapuram, Rajahmundry, as arbitrary and illegal. 2. The material on record shows that the complaint/ representation made by the petitioners was received in the office of the respondents 1 and 2 on 06-04-2009. In the circumstances, respondents 1 and 2 are bound to enquire into the allegations made by the petitioners and take appropriate action in accordance with law. 3. Accordingly, without expressing any opinion as to the correctness of the allegations made by the petitioners the Writ Petition is disposed of with a direction to the respondent Nos.1, 2 and 5 to consider the representation of the petitioners received in the office of the respondents 1 and 2 on 06-04-2009 and pass appropriate orders in accordance with law after giving an opportunity to the respondents 3 and 4 to rebut the allegations. Such an exercise shall be completed, as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. No costs. _____________ G. ROHINI, J 22nd June, 2009 Pn THE HON'BLE MS JUSTICE G.ROHINI Writ Petition No.11984 of 2009 22nd June, 2009