IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 28584 OF 2011 Between: M/s. ATC India Tower Corporation Private Limited, Secunderabad. …PETITIONER AND The Vijayawada Municipal Corporation, Vijayawada. ...RESPONDENT The Court made the following : THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 28584 OF 2011 O R D E R: This Writ Petition is filed seeking to declare the action of the respondent in interfering with the erection and functioning of Cellular Tower over the building in premises Door No.1-3-23/3, Church Road, Bhavanipuram, Vijayawada, Krishna District, of the petitioner company, without issuing any notice whatsoever and without following due process of law as arbitrary, illegal and contrary to the provisions of Andhra Pradesh Municipalities Act, 1965. 2. Learned counsel for the petitioner contended that the respondent-corporation has no authority to interfere with erection of Cellular Tower; that it is only under the Telegraphic Act, the competent authority can issue a direction or obtain prior permission from the competent authority for erecting the Cellular Tower and therefore, he prays to issue a direction not to interfere with the Cellular Tower erected by the petitioner. 3. On the other hand, learned Standing Counsel appearing for the respondent-Corporation contended that in pursuance of the directions given by the Division Bench of this Court, Government issued G.O.Ms.No.183 whereuner and whereby, the Municipal Corporation has power to collect necessary fee depending upon the structural safety of the tower that was erected on the building; that Clause (2) and (3) of the said G.O. has not been complied with and therefore, unless the permission is granted to the petitioner, it cannot be permitted to erect the Cellular Tower and hence, there are no grounds to issue a Mandamus. 4. Though it is stated in the affidavit filed in support of the petition that the petitioner-Corporation has already submitted an application with a postal receipt, no acknowledgment was filed to show that the Respondent-Corporation has received the application with license fee as required for the purpose of erecting the Cellular Tower. Therefore, the petitioner is directed to file fresh application within a period of one week from the date of receipt a copy of this order to the Municipal Corporation for the purpose of erecting the Cellular Tower after paying the necessary fee subject to safety measures as mentioned in Clause (2) and (3) of G.O.Ms.No.183. Thereupon, the respondent-Corporation shall consider the application and take appropriate decision in accordance with law within period of three (3) weeks from the date of receipt of the application from the petitioner. 5. Accordingly, the Writ Petition is disposed of. Till then status quo shall be maintained by the parties. There shall be no order as to costs. _______________ K.C.BHANU, J OCTOBER 24, 2011 Note: Issue C.C.within two days. (B/o) YVL