THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No. 17755 of 2008 Dated: 29-12-2009 Between: Tummalapalli Venkata Raja Sitha Mahalakshmi ..... PETITIONER AND State of Andhra Pradesh, rep., by its Principal Secretary, Muncipal Administration Department, Secretariat, Hyderabad and two others .....RESPONDENTS THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No. 17755 of 2008 ORDER: In this writ petition, the petitioner who is the owner of a residential site in plot No. 6-A/1 situated in Survey No. 61 of Bhavanipuram, Vijayawada seeks a direction by way of mandamus to declare the action of the respondents in taking steps to construct a drainage canal through her plot as illegal and arbitrary. It is the grievance of the petitioner that though she is the owner and possessor of the said plot having purchased the same for a consideration of Rs.6,50,160/- vide registered sale deed No.7290, dated 29-08-2003, the respondents are taking steps to construct a drainage canal through the plot without obtaining her consent and without initiating proceedings under the Land Acquisition Act, 1894. Counter affidavit is filed by the Commissioner of the 2nd respondent – Municipal Corporation. While generally denying the allegations made by the petitioner, it is stated in the counter affidavit that there are two layouts in Bhavanipuram area known as Mohammadiya layout and AP Housing Board layout. It is further stated that the Corporation proposed to construct a drain with a view to provide hygienic conditions in the interest of public and in the process, the site of the petitioner to the extent of 5 feet x 78.9 feet length equivalent to 43.83 square yards is being affected and that such a drain will be constructed only after obtaining the consent of the petitioner. It is also stated that when the petitioner was asked to give her consent and even when negotiations were taking place, she approached this Court by suppressing the above facts. From the averments made in the counter affidavit, it is not in dispute that the petitioner is the owner of the site, which is being affected for the purpose of constructing a drain in between Mohammadiya layout and AP Housing Board layout. As the respondents themselves have stated that the drain will be constructed only after obtaining the consent of the petitioner, I deem it appropriate to dispose of the writ petition directing the respondents not to construct the drain in question without obtaining the consent of the petitioner. It is also made clear that if the petitioner is not willing to part with her land in negotiations, it is open to the respondent – Corporation to take steps, as per law. Subject to the above direction, the writ petition is disposed of. R. SUBHASH REDDY, J 29-12-2009 ks