THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.2121 of 2004 ORDER : In this Writ Petition the petitioner-society questions the action of the first respondent in granting permission on the application submitted by the seventh respondent for modification and extension of the Christian Worship Centre at Dr.No.12-2-57/A in T.S.Nos.47/1 and 47/2, Mandal Veedhi in Srikakulam Town, Srikakulam. It is the case of the petitioner that the property in question at Dr.No.12-2-57/A in T.S.Nos.47/1 and 47/2, situate in Srikakulam, belongs to the petitioner-society and the seventh respondent, who was the representative of the society, resigned on 06-03-1990. In spite of the same, without any authority, the seventh respondent has applied for grant of construction permission. It is the case of the petitioner that in spite of objections filed by the petitioner, permission is granted on the application submitted by the seventh respondent, who is not an authorised person on behalf of the petitioner-society. Though the Writ Petition is of 2004, no counter-affidavit is filed on behalf of respondents 1 to 6, but the seventh respondent has filed the counter-affidavit. In the counter-affidavit filed by the seventh respondent, while denying various allegations made by the petitioner, it is stated that the petitioner-society is not having any title to the property and the same is purchased in the year 1962 by the 7th respondent as trustee of the institution. It is stated that the petitioner-society came into existence only in the year 1969 and he alone responsible for upkeep, maintenance, development and renovation of the property. Further, it is stated that from 1962 onwards the seventh respondent has been in possession of the property and managing the affairs of the Church. It is stated that as much as the existing structure is in dilapidated condition, an application was made for making constructions and additions, which is granted by the first respondent – competent authority and as such there is no illegality for grant of permission. Heard the learned counsel for the petitioner and Sri S.A.Chari, learned counsel appearing for the seventh respondent. Though it is alleged by the petitioner that the petitioner is the owner of the premises, but the same is disputed by the seventh respondent. In the counter-affidavit it is the stand of the seventh respondent that he has purchased the property as a trustee of the institution in the year 1962 and since then he has been managing the affairs of the Church. In view of the averments in the counter- affidavit filed by the seventh respondent, there is factual dispute with regard to ownership, title and possession of the property in question. For grant of permission under A.P. Municipalities Act, the competent authority i.e., Commissioner will consider the prima facie title and possession and accord permission. It is not for the Commissioner to resolve any serious title disputes. In that view of the matter, I do not find any illegality in the permission granted by the first respondent in favour of the seventh respondent. Further, if any disputes are there even in the management of the petitioner- society, the petitioner can as well approach the competent authority under the Societies Registration Act for resolution of disputes. For the aforesaid reasons, I do not find any merit in this Writ Petition for grant of the relief as prayed for. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________ R.SUBHASH REDDY, J. 17th December, 2009. skmr THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.2121 of 2004 Date 17-12-2009 Between : World Missionary Evangilism of India, rep. by its Chairman Dr.Issac J.Komanapalli, son of late K.S.Joseph, 60 years, regd. Office at Plot No.67, Sagar Society, Road No.2, Banjara Hills, Hyderabad .. Petitioner And Srikakulam Municipality, rep. by its Municipal Commissioner, Srikakulam and six others .. Respondents