IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE P.V. SANJAY KUMAR WRIT PETITION No.20650 of 2008 Between: G. Sriramulu, S/o. late Venkaiah, Manoharnagar Colony Residents Welfare Association, Regn. No.324/05, H.No. 17-1-383/M/15, Manoharnagar Colony, Nagarjuna Sagar Road, Saidabad, Hyderabad. ...Petitioner And 1. The Greater Hyderabad Municipal Corporation, represented by its Commissioner & Special Officer, Tank Bund, Hyderabad. 2. M/s. ESSAR Telecom Infrastructure (Pvt) Ltd., represented by its Managing Director, Office at 1-3-183/40/22/2, Plot No.37, P&T Colony, Street No. 13, Bakaram, Gandhinagar, Hyderabad. 3. Mr. C. Yousuf Reddy, R/o. H. No.17-1-383/M/3, Manoharnagar Colony, Nagarjuna Sagar Road, Saidabad, Hyderabad. 4. The Member Secretary, A.P Pollution Control Board, 4th Floor, Collectorate Office, Nampally, Hyderabad. ...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 appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the inaction, delay and negligence of the respondents in taking a follow up action on G.O.Ms. No.183, dated 27-2-2008 issued by the Government of Andhra Pradesh, Municipal Administration & Urban Development as arbitrary, collusive, illegal and in violation of fundamental/human rights and principles of natural justice and the non-removal of said tower by respondents 2 and 3 as illegal and consequentially direct the respondents to remove illegally erected tower of ESSAR telecom Infrastructure (Pvt) Ltd. Counsel for the petitioner : Sri Aadesh Varma Counsel for respondent No.1 : Smt. Kalpana Ekbote Counsel for respondent No.2 : None Counsel for respondent No.3 : None Counsel for respondent No.4 : None The Court made the following: ORDER: (Per Anil R. Dave, C.J.) In this petition, which is in the nature of public interest litigation, it has been alleged that respondent No.2 is erecting a tower which is not in accordance with the rules and regulations framed by respondent No.1 Corporation. During the pendency of this petition, on 29th September, 2008, a direction was given to respondent No.1 Corporation to examine whether the structure put up by respondent No.2 was safe. Learned Advocate appearing for respondent No.1 Corporation has submitted that the application of respondent No.2 with regard to erection of the tower had been rejected by the Corporation and the Corporation has also given a notice for removing the erection put up by respondent No.2. It has been further submitted that the notice issued by respondent No.1 Corporation has been challenged by respondent No.2 in Writ Petition No.25510 of 2008. In the circumstances, the grievance ventilated in the petition would not survive because respondent No.1 has already initiated proceedings against respondent No.2 for removal of illegal construction/erection of tower put up by respondent No.2. The petition is accordingly disposed of with no order as to costs. Writ Petition No.25510 of 2008, which was directed by the learned Single Judge to be notified along with the present petition, be placed before the learned Single Judge taking up such matters. ANIL R. DAVE, C.J. 24th November, 2008 P. V. SANJAY KUMAR, J. ……REGISTRAR To 1. The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. 2. The Managing Director, M/s. ESSAR Telecom Infrastructure (Pvt) Ltd., Office at 1-3-183/40/22/2, Plot No.37, P&T Colony, Street No. 13, Bakaram, Gandhinagar, Hyderabad. 3. The Member Secretary, A.P Pollution Control Board, 4th Floor, Collectorate Office, Nampally, Hyderabad. 4.Two C.D. copies. ARS