THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28356 2009 AND WRIT PETITION No.28357 2009 WRIT PETITION No.28356 2009 Date: 22.03.2010 Between: T.V.S. Ramachari. … Petitioner and Tanuku Municipality rep., by its Commissioner, Tanuku, West Godavari District. … Respondent. THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28356 2009 AND WRIT PETITION No.28357 2009 COMMON ORDER: Heard C. Ramachandra Raju, learned Counsel for the petitioner and Sri S. Nageswara Reeey, learned Standing Counsel for the Tanuku Municipality and, at their request, the writ petition is being disposed of at the stage of admission. The proceedings, impugned in these writ petitions, is a final notice issued under Sections 217, 228, 340, 359, 360 and 361 of the A.P. Municipalities Act informing the petitioner that, if they do not dismantle the illegal construction within seven days, the Municipal authorities would dismantle the said construction and the petitioners would have to pay for the expenses incurred for dismantling the structure. It is the petitioners’ case, as averred in the affidavits filed in support of the writ petitions, that they are the owners and are in possession of the building; they had obtained due permission from the respondent for construction; as there were certain minor deviations proceedings were issued in July, 2008 directing the petitioners to seek regularization in terms of G.O.Ms. No.901 dated 31.12.2007 and G.O.Ms. No.112 dated 31.01.2008 respectively; and the petitioner had, thereafter, prepared the plan of actual construction and sought regularization. It is asserted that the petitioners’ application was received by the respondent on 15.07.2008 and they had paid the requisite fee. If, as contended in these writ petitions, the petitioners’ application for regularization is pending, the respondent Municipality ought not to have initiated action for demolition of the building in question. I consider it appropriate, therefore, to set aside the impugned notice and to direct the respondents to verify if any application for regularization is pending. In case such applications are pending the 1st respondent shall consider the petitioners’ applications, for regularization of the deviations, in accordance with the relevant G.Os. within a period of two months from the date of receipt of a copy of this order. In case no such application is pending, or if the respondents are of the view that the petitioner is not entitled for regularization under the Scheme, this order shall not preclude them from passing appropriate orders, intimate the same to the petitioners and, thereafter, take action in accordance with law. These writ petitions are disposed of accordingly. However, in the circumstances, without costs. Date: 22.03.2010 ___________________________ RAMESH RANGANATHAN, J MRKR