THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.4744 of 2006 Date: 24.02.2011 Between : L.B. Towers Welfare Association, Century Club Road, Visakhapatnam, Rep.by its President S.S.Rama Sivaji. … Petitioner and The Commissioner, Municipal Corporation of Visakhapatnam, Visakhapatnam and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.4744 of 2006 ORDER : Heard Sri K. Venu Madhav, learned counsel appearing for the petitioner-Association as well as Sri N.Ranga Reddy, learned Standing Counsel appearing for respondent No.1, Sri S. Srinivasa Reddy, learned counsel appearing for respondent Nos.2 and 3; and also Sri T.M.K. Chaitanya, learned counsel appearing for respondent No.4; and with their consent, the writ petition is being disposed of. 2. The petitioner is a registered Welfare Association consisting of the owners of flats situated in the premises bearing Door No.15-3-61, Century Club Road, Maharanipeta, Visakhapatnam as its Members. The Petitioner-Association has filed this writ petition complaining the action of the 1st respondent- Municipal Corporation of Visakhapatnam in not taking steps for demolition of the alleged unauthorized construction of additional floor in the said building. 3. It is stated that the 2nd respondent, who is the owner of a plot in Ward No.2, Block No.4, T.S.No.126-122, situated in Century Club Road, Maharanipeta, Visakhapatnam, obtained permission from the 1st respondent-Corporation vide proceedings in B.A.No.11845/02/ACP1, dated 1.1.2003, for construction of stilt + Ground + four floors in the said site. Pursuant to the same, the 2nd respondent in partnership with the 3rd respondent-firm had entered into an agreement of sale with the 4th respondent on 9.9.2002. The petitioners, who are the members of the Welfare Association, have purchased some of the flats through them. However, respondent Nos.2 to 4 unauthorisedly constructed the 5th floor in the said complex without there being any permission or authorization from the competent authority. The Petitioner- Association, therefore, made a representation dated 5.12.2005 to the 1st respondent requesting for removal of the said unauthorized construction. As no response was forthcoming, the petitioner Association has made further representations dated 23.12.2005 and 9.1.2006. Since the 1st respondent has not responded even to the said representations, the Petitioner-Association has filed the present writ petition for the aforesaid relief. 4. The short grievance presented by the Petitioner- Association in this writ petition is that the representation filed by it has not been considered by the 1st respondent. It is contended that respondent Nos.2 to 4 were given authorization only to construct stilt + Ground + 4 floors in the subject premises. However, respondent Nos.2 to 4 have constructed the 5th floor in violation of the sanctioned plan and also in violation of the agreement. 5. I am not inclined to go into the merits whether construction of the alleged 5th floor is authorized or unauthorized. Suffice it to notice that the Petitioner-Association has made a representation to the 1st respondent initially on 5.12.2005 followed by reminders dated 23.12.2005 and 9.1.2006. Once a representation is made complaining unauthorized construction in violation of the sanctioned plan, it is incumbent upon the 1st respondent to consider the same and take appropriate action in accordance with law after conducting due enquiry. But the 1st respondent has failed to do so. 6. In the circumstances, this writ petition is disposed of directing the 1st respondent to consider the aforesaid representations of the Petitioner-Association and take appropriate action in accordance with law after giving notice to all the affected parties. There shall be no order as to costs. _________________________ JUSTICE NOUSHAD ALI 24.02.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.4744 of 2006 24.02.2011 (Msr)