THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.24437 OF 2009 11th November 2009 Between: R.Bharani Kumar. …PETITIONER AND The Municipal Corporation, Tirupathi, rep.by its Commissioner, Chittoor District. …RESPONDENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.24437 of 2009 ORDER: The respondent-Corporation issued a notice, dated 03.11.2009, under Sections 441, 443, 461 and 462 of the Hyderabad Municipal Corporation Act, 1955 {“the Act” for brevity}, requiring the petitioner to remove the unauthorized shop room constructed in premises bearing door No.5-5- 326/C9, occupying Stilt Floor in Ramakrishna Paradise Apartment, Reservoir Road, Tirupati. The petitioner submits that he is straight away required to remove the structure without giving any opportunity to submit an explanation. Heard the learned counsel for the petitioner and the learned Standing Counsel for Municipal Corporation for the respondent. The Act contains several provisions empowering the Corporation to require the offending constructions to be removed. Before any individual is required to remove the structure, he has to be given an opportunity to explain. It is only through a final notice, under Section 636 of the Act, that the steps for removal can be directed. Hence, the Writ Petition is disposed of leaving it open to the petitioner to submit his explanation within two {2} weeks from today. The respondent shall pass appropriate orders on the basis of such explanation within a period of four {4} weeks thereafter. Still such time, the premises in question shall not be demolished. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) 11th November 2009 Note: CC tomorrow B/O RRB