THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.2633 of 2003 18th September 2009 Between: Pokkusiri Surya Kantham, W/o.Ramu, 60 yeas, House Hold, R/o.Sitampet, Rajahmundry, E.G.District. …PETITIONER AND The Rajahmundry Municipal Corporation, Rajahmundry, rep.by its Commissioner. …RESPONDENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.2633 of 2003 ORDER: The petitioner filed this Writ Petition seeking a Writ of Mandamus declaring the action of the respondent in not allowing him to proceed with the construction as per Building Plan approved vide BA.No.65/2002 dated 27.02.2002 as illegal and arbitrary. At the stage of admission, on 30.04.2003, this Court granted interim direction to the respondent not to interfere with the construction of the petitioner in T.S.No.806, Seethampet, Rajahmnudry, even though the petitioner is constructing her building in accordance with the approved building permit mentioned above and liberty is also given to the respondent to take action in case if the petitioner deviates from the construction as per building byelaws. Though this Writ Petition is of the year 2003, no counter affidavit is filed for opposing the allegations of the petitioner and the interim order passed by this Court has been in force all along during the pendency of the Writ petition. As much as it is stated in the affidavit filed in support of the Writ Petition that permission is already granted by the respondent in BA.No.65/2002 dated 27.02.2002 to proceed with the construction, the Writ Petition is disposed of directing the respondent not to interfere with the construction made by the petitioner in accordance with the permit granted and the plan approved in support of the permit. Further, it is made clear that if any constructions are made in deviation of the plan, this order will not preclude in taking any action against the petitioner. There shall be no order as to costs. ___________________ (R.SUBHASH REDDY, J) 18th September 2009 RRB