HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6039 OF 2010 ORDER: Questioning the inaction of the second respondent, in considering the representation dated 28.02.2010 filed by the petitioners for removing the unauthorized structures in T.S.No.1018/5 & 1014/part, the present writ petition is filed. The petitioners claim to be the owners of an extent of 53.3/4 sq. yards of site in T.S.No.1015/2, and another extent of 155 sq. yards of site covered by T.S.Nos.1018/11, 1018/6, 1015/3 and 1018/7 of Eluru Town, and to be in possession of these sites for the past several decades. They would contend that the encroachment of 3 sq. yards of these sites by the Sri Prasanna Anjaneyaswamy Devasthanam, Eluru was illegal and without authority of law; they had filed O.S.No.27 of 1997 before the 1st Additional Junior Civil Judge, Eluru seeking declaration of their title in respect of these sites; and the suit was decreed by judgment dated 15.03.2000. Alleging violation of the decree, by the third respondent, E.P.No. 225 of 2004 was filed which was dismissed on 13.11.2007 against which the petitioners claim to have filed CRP(SR).No.3481 of 2009. The third respondent is said to have commenced construction of the shopping complex, in the land belonging to the Eluru Municipal Corporation, the entrance of which is said to fall within the petitioners’ site. The petitioners would contend that they had submitted a representation dated 28.02.2010 wherein they brought to the notice of the Commissioner, Eluru Municipal Corporation that the third respondent had commenced construction of shops in the land belonging to the Eluru Municipal Corporation and that action should be taken to remove such encroachment. On the ground that the said representation has not been examined, let alone action being taken thereupon, the present writ petition is filed. As the petitioners have submitted a representation dated 28.02.2010, wherein they have alleged encroachment by the third respondent on land belonging to the Eluru Municipal Corporation, I consider it appropriate to direct the second respondent to consider the petitioners’ representation dated 28.02.2010 and, if it is found that the third respondent has encroached upon the land belonging to the Eluru Municipal Corporation, to take necessary action in accordance with law after putting him on notice, and after giving him an opportunity of being heard. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. RAMESH RANGANATHAN, J Date:06.04.2010 Note:Furnish copy within one week. bo Usd