IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 7445 of 2007 Between: 1 S.K.Eajaz S/o.S.K.Babji Resident of W-22/5/27 Baba Munshi Street, Dycus road Nellore,Nellore district 2 S.K.Sumathi W/o.Gayaz resident of Ramaiah School Kalavagattu, Mulapet,Nellore,nellore District 3 D.Nirmala W/o.Babjee resident of near Ramaiah School Kalavagattu, Mulapet, Nellore,Nellore District 4 Gandavarapu Subbarami Reddy S/o.Seshu Reddy Resident of 514,Chamirivari Thota Mulapet, Nellore,Nellore District 5 P.Satyanarayana S/o.Papaiah resident of Rottela street Mulapet, Nellore,Nellore District ..... PETITIONERS AND 1 The Commissioner and Director of Municipal Administration Secretariat Buildings, Andhra Pradesh, Hyderabad 2 The Commissioner, Nellore Municipal Corporation Nellore, Nellore District-524001 3 Chattla Narasimha Rao S/o.Not known resident of Ward No.36, Correspondent Little Angels English Medium High School, Mulapet, Nellore, Nellore District ....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 writ or order or direction more particularly in the nature of writ of mandamus declaring the action of the respondent no.2 in trying to convert the Nellore Vegetable Market in Podalakur road Municipal Market, Mulapet, Nellore with in the following boundaries, South, A butting P.W.D. Canal D.No.241/1 East, Eastern side of Podalakur road, up to roard margin North up to D,.No.251/105 west"up to D.No.241/51 into community hall without following due process of law and without passing any resolution by the corporation is arbitrary, illegal, and violation of principles of natural justice and consequently direct the 1st and 2nd respondents not to dispossess the petitioners from the notified Nellore Municipal Market in Podalakur road Municipal Market, Mulapet, with in the following boundaries:South:Abuting P.W.D.canal, D.No.241/1, East:Eastern side of Podalakur road up to road margin North ; up to D.No.251/105 west:up to D.No.241/52 into community hall and pass Counsel for the Petitioner:MR.V.NARAYANA REDDY Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON'BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No. 7445 of 2007 Order: The Petitioners, who are five in number and claiming to have vegetable shops in Podalakur Municipal Market, Mulapet, Nellore District, have filed the present writ petition seeking to declare the action of the respondents in taking steps to close the said vegetable market and to construct a Community Hall therein, without following the due process of law, as illegal. On 24.04.2009, at the request of the learned Government Pleader for Municipal Administration, the matter was directed to be listed today to enable him to obtain instructions. When the matter is taken up today, it is submitted by the learned Standing Counsel appearing for the Nellore Municipal Corporation that there is no vegetable market in question at present, and in view of the number of markets, which are functioning in Nellore town, the constructions were removed and it is only a plain land now. It is further submitted that it is not yet decided by the Municipal Council to construct any Community Hall in the land in question. From the statement made by the learned Standing Counsel for the Nellore Municipal Corporation, it appears that on a mere apprehension only, the petitioners have approached this Court and filed the present writ petition. As much as there is no decision taken by the Municipal Council so far to construct any Community Hall in the place of erstwhile vegetable market, I deem it appropriate to dispose of the writ petition with the following direction. The petitioners are directed to make a fresh representation to respondents 1 and 2, within a period of two weeks from today, indicating their objections in this regard, and in case, if the respondents intend to take a decision to use the land in question for the purpose of a Community Hall, they will do so, only after considering the objections to be raised by the petitioners herein. Subject to above direction, the writ petition is disposed of. No order as to costs. _____________________ R. SUBHASH REDDY, J. Date: 27.04.2009 Nsr