THE HONOURABLE SRI JUSTICE G. CHANDRAIAH CONTEMPAT CASE NO:883 OF 2011 DATE:30.08.2011 BETWEEN SWAMY TOWERS RESIDENT’S WELFARE ASSOCIATION …PETITIONER AND M.T.KRISHNA BABU, I.A.S.SRI SRINIVAS & OTHERS …RESPONDENT. THIS COURT MADE THE FOLLOWING: THE HONOURABLE SRI JUSTICE G. CHANDRAIAH CONTEMPAT CASE NO:883 OF 2011 ORDER: The present contempt case is filed by the petitioner seeking to punish the respondent under sections 10 to 12 read with section 14 of the Contempt of Court Act for non implementation of the order of this Court dated 12,1,2011 passed in W.P.M.P.No:339 of 2011 in W.P.No:263 of 2011. The writ petition is filed by the petitioner seeking for issuance of a writ of mandamus to direct the 1st respondent to demolish the illegal construction on the terrace of apartment i.e., 6th floor including common area of the Flat owners on the ground that the same is without any sanction of the plan nor approval of the Corporation and without consent of the Apartment owners of D.No:3-5-806/2, Swamy Towers, Hyderguda, Hyderabad and to declare the action of the respondenmts in not stopping the illegal construction as contrary to law, rules and mandates of this Court and contrary to the approval of the plan and violative of Articles 14, 21 and 300A of the Constitution of India. By order dated 12.1.2011, while ordering notice before admission, this Court passed the following interim order: “Alleging that the 3rd and 4th respondents are making illegal constructions over the apartment, the residents of Swamy Towers Residents Welfare Association, Hyderaguda, Hyderabad who are inmates of the apartment, made a representation to the Commissioner, G.H.M.C., Hyhcerabad dated 21.12.2010 against the respondents-3 and 4 who are seeking to make unauthorized construction without sanction plan. Therefore, the respondent authorities are directed to dispose of the said application and pass appropriate orders immediately within a period of one Week. Notice.” In this regard, the respondent filed the counter contending that pursuant to the order of this Court, dated 12.1.2011, the Corporation has considered the representation of the petitioner, dated 20.12.2010 and issued the letter dated 17.1.2011 to the petitioner informing the factual position in respect of the said 6th floor construction of Swamy Towers and therefore, they have not violated or disobeyed any order of this Court. It is further contended that on receipt of the said letter dated 17.1.2011, the petitioner also filed a fresh writ petition in W.P.No:19840 of 2011. For the reasons stated in the counter filed by the respondent and in view of the changed circumstances, I am of the view that the question of contempt does not arise. In that view of the matter, the contempt case is closed. No costs. _________________ Justice G.Chandraiah. Gurc. Date:30.8.2011 THE HONOURABLE SRI JUSTICE G. CHANDRAIAH CONTEMPAT CASE NO:883 of 2011 DATE:30.08.2011