THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33906 OF 2011 ORDER: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of the respondent in trying to demolish the compound wall with ACC tin shed bearing Door No.18-12-1/1, Plot No.50, Adivivaram area, Adivivaram Panchayat now Greater Visakhapatnam Municipal Corporation area, Visakhapatnam without giving any notice or opportunity as illegal and arbitrary and consequently direct the respondent not to demolish the same. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner is the absolute owner of the aforementioned property, having purchased the same from M.Jaya Satyavathi Devi and Kantam Lakshmi Prasanna for a valid consideration under registered document, dated 30-04-2004. Subsequently, the vendor raised AC sheet roof and got it assessed to property tax and paying taxes regularly and ever since, he has been in possession and enjoyment of the same and using the same for his servants and car parking. While the things stood thus, the officials of respondent-corporation visited the property and tried to demolish the compound wall without any notice on the ground that the subject property is constructed in Government site. Therefore, the action of the respondent in trying to demolish the property without issuing any notice is illegal and arbitrary. 3. Learned counsel appearing for the petitioner contended that without following due process of law, the respondent is trying to demolish the compound wall with ACC tin shed in the aforesaid premises and hence, he prays to issue direction to the respondent. 4. On the other hand, learned standing counsel appearing for the respondent-corporation contended that if the petitioner is not having any permission to construct compound wall with ACC tin shed, appropriate action would be initiated in accordance with law. 5. The grievance of the petitioner is that he purchased the property by virtue of a registered sale deed on 30-04-2004 and constructed compound wall with ACC tin shed in the aforesaid premises within the limits of Greater Visakhapatnam Municipal Corporation. Even assuming for a moment that the petitioner is not having any permission to construct the compound wall with ACC tin shed, the respondent cannot demolish the same without issuing any notice to the petitioner. 6. Therefore, the Writ Petition is disposed of directing the respondent to take appropriate decision, in case, the petitioner is not having any permission to construct compound wall with ACC tin shed bearing Door No. 18-12-1/1, Plot No.50, Adivivaram area, Adivivaram Panchayat now Greater Visakhapatnam Municipal Corporation area, Visakhapatnam after giving notice. Till such time, the compound wall with ACC tin shed shall not be removed. No costs. --------------------- K.C.BHANU, J DATED: 22-12-2011 Hsd