IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5083 of 2008 Between: Sivaram Towers Flat Owners Association Regd. No.261/99 Door No.32-5-2 Ramasastry Street, Prajashakthi Nagar Vijayawada Rep.by its Secretary N.Srinivasrao ..... PETITIONER AND 1 The Vijayawada Municipal Corporation Rep.by its Commissioner Vijayawada 2 D.Srinivasa Krishnaiah S/o.Late Gangaiah Door No.32-5-2 Sivaram Towers Prajashakthi Nagar Vijayawada .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in not taking action on the representation dt.9-1-08 seeking the removal of unauthorized/illegal constructions on stilt ﬂoor and terrace of Sivaram Towers Door No.32-5-2 Ramasatry Street Prajashakthi Nagar Vijayawada as the same is arbitrary illegal and violative of the provisions of Hyderabad Municipal Corporation Act (as applicable to Municipal Corporation of Vijayawada and A.P Promotion of construction and ownership act and consequently direct the 1st respondent to take action against the representation of the petitioner dt.9-1-08 in accordance with law. Counsel for the Petitioner: MR.P.PRABHAKAR RAO Counsel for the Respondent No.1: SMT.G.JHANSI, Standing Counsel. The Court made the following : O R D E R : This writ petition has been ﬁled by Sivaram Towers Flat Owners Association represented by its Secretary N.Srinivasarao assailing the inaction of the Vijaywada Municipal Corporation, Vijayawada-1st respondent on the representation dated 09.01.2008 complaining the unauthorized and illegal constructions on stilt ﬂoor and terrace of Sivaram Towers at Door No.32-5-2, Ramasastry Street, Prajashakthi Nagar, Vijayawada, made by D.Sivarama Krishnaiah-2nd respondent. 2. The petitioner is an Association of the owners of ﬂats of Sivaram Towers. The petitioner Association is registered Association with Registration No.261/99. The petitioner Association made a complaint to the 1st respondent against the unauthorized and illegal constructions made on stilt ﬂoor, terrace and parking area of Sivaram Towers by the 2 nd respondent. The 1st respondent Corporation initiated proceedings against the 2nd respondent with regard to illegal constructions made by him. Thereupon, the 2nd respondent ﬁled O.S.No.323 of 1999 on the file of II Additional Senior Civil Judge, Vijayawada. The said suit came to be decreed setting aside the notice served on the 2nd respondent. Thereafter, the 1st respondent issued notice dated 11.06.2003 directing the 2nd respondent to remove the unauthorized and illegal constructions. Thereafter, the 1st respondent Corporation did not pursue the notice. Therefore, the petitioner Association submitted representation dated 09.01.2008 to the 1st respondent Corporation requesting to initiate further action pursuant to the notice dated 11.06.2003. There being no action on the representation made by the petitioner Association, it approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. On 11.03.2008 the learned Standing Counsel of the Vijayawada Municipal Corporation received notice on behalf of the 1st respondent. Despite service of notice, the 2nd respondent did not choose to enter appearance either in person or through a counsel. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 1st respondent Corporation. 5. A fact remains that the petitioner Association submitted representation to the 1st respondent Corporation on 09.01.2008 complaining illegal and unauthorized constructions made by the 2nd respondent on stilt ﬂoor, terrace and parking area of Sivaram Towers. The 1st respondent Corporation has to take necessary action in accordance with law. 6. In that view of the matter, the writ petition is disposed of at the admission stage directing the 1st respondent Corporation to consider the representation dated 09.01.2008 submitted by the petitioner Association and take appropriate action with regard to the removal of unauthorized and illegal constructions made by the 2nd respondent in accordance with law after putting on notice the affected parties. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:19th September, 2008. cs .....ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CD copies Form-NIC-OGS/WP{KURR}