IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14122 of 2009 Between: Athili Appala Swamy S/o. (L) A.P.V. Rama Murthy R/o.D.No.36-92-36/1, Near Steel City Public School, Ward No.38, Kancharapalem, Visakhapatnam. ... PETITIONER AND 1 The Greater Visakhapatnam Municipal Corporation, represented by its Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 2 Adibatia Annapurna W/o.Venu Gopala Swamy R/o.D.No.36-92-90/2, Ward No.41, Kapparada, Kancharapalem, Visakhapatnam. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, direction, or order more particularly one in the nature of Writ of Mandamus declaring action of the 1st respondent in not taking any action on the petitioner written complaints in respect of the illegal construction of the buildings constructed by the 2nd respondent is highly illegal and unjustified with a direction to the 1st respondent take action on the petitioner written complaints in respect of the illegal construction of the buildings constructed by the 2nd respondent as per law and pass such other or further order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.M.V.S.SAI KUMAR Counsel for the Respondent No.1: MR.(SC FOR VUDA)N.RANGA REDDY The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14122 of 2009 ORDER: The petitioner herein claims to be the absolute owner and possessor of the building bearing D.No.36-92-36/2, Near Steel City Public School, Ward No.38, Kancharapalem, Visakhapatnam. This writ petition is filed seeking a declaration that the inaction on the part of the first respondent in considering the representation made by the petitioner dated 17.05.2009 complaining about the alleged illegal and unauthorised constructions being made by the second respondent herein at Ward No.41 in Survey No.30/2 near Nookalamma Temple of Kapparada, Visakhapatnam, as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as Sri N.Ranga Reddy, learned Standing Counsel appearing for the first respondent-Corporation. The material placed on record shows that the representation/complaint made by the petitioner was received in the office of the 1st respondent on the same day. In the circumstances, the 1st respondent is bound to make necessary enquiry into the allegations made by the petitioner. Accordingly, without expressing any opinion as to the correctness of the allegations made by the petitioner, the writ petition is disposed of at the stage of admission with a direction to the 1st respondent to consider the representation/complaint dated 17.05.2009 made by the petitioner and pass appropriate orders in accordance with law, after giving an opportunity to the second respondent to rebut the allegations. Such an exercise shall be completed, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. _____________ G.ROHINI, J Dt.15th July 2009 RAR THE HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION NO : 14122 of 2009 DATED : 15-07-2009