IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8941 of 2009 Between: 1 Mr. Y. Ramaiah S/o. Narsaiah R/o. D.o. 9-25-83/B, Vinayakarao Street College Plots, Janthapeta North, Kavali, Nellore District. 2 Mr. V. Venkateswarlu S/o. Narsaiah R/o. D.o. 9-25-83/B/2, Vinayakarao Street College Plots, Janthapeta North, Kavali, Nellore District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh Rep. by its Principal Secretary Department of Municipal Administration Secretariat Buildings, Saifabad, Hyderabad. 2 The Commissioner and Director of Municipal Administration Hyderabad 3 The Commissioner Kavali Municipality Kavali, Nellore District. 4 The Director Fire Services, B.R.K. Buildings Tank Bund Road, Hyderabad. 5 Mr. Gutha Venkata Narayana S/o. Balaramaiah R/o. A.N.R. Kalyanamandapam, Kavali Sri Potti Sriramulu, Nellore District. 6 Mr. Madala Subba Rao S/o. Chenchaiah R/o. A.N.R. Kalyanamandapam, Kavali Sri Potti Sriramulu, Nellore District. 7 Mr. Pabbisetty Siva Prasad S/o. SUbba Rao R/o. D.No. 3-12-35, Trunk Road, Kavali Sri Potti Sriramulu, Nellore District. .....RESPONDENT(S) 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 a writ or order or direction more particularly one in the nature of writ of Mandamus declare the action of the respondents 1 to 4 in permitting the respondents 5 to 7 to construct the apartment at Plot Nos. 17 and 18 bearing door No. 9-25-86 and 9-25-83 respectively of the college Plots, Vinayakarao Street,Kavali Municipality contrary tot he approved plan is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India. Counsel for the Petitioner: MR.VENKATA RANGADAS KANURI Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : O R D E R:- The petitioners assert that the unofficial respondents obtained permission from the Municipal authorities for construction of an apartment at Plot Nos.17 and 18 bearing D.Nos.9-25-86 and 9-25-83 respectively situated at Vinayakarao Street, Kavali Municipality, but started constructing the apartment at the Plots without laying proper foundation and without leaving specified set back and in deviation of the sanctioned plan, thereby causing sanitary, water and drainage problems and blocking free flow of air and ventilation to their R.C.C. houses. The petitioners made a representation, dated 17.04.2009 to the official respondents requesting them to take steps to stop respondent Nos. 5 to 7 from making unauthorized constructions, but their grievance is that they have not initiated any action against the unofficial respondents nor passed any orders on their representation. Heard the learned counsel for the petitioners, the learned Government Pleader for Municipal Administration appearing on behalf of respondent Nos.1 and 2, the learned Standing Counsel for Kavali Municipality and the learned Government Pleader for Home appearing for the 4th respondent. Since the representation dated 17.4.2009 said to have been made by the petitioners, is pending consideration before the officials respondents, the learned counsel for both the parties have agreed to the disposal of the writ petition with the following directions: “Respondent Nos.1 to 3 are directed to consider the representation dated 17.04.2009 said to have been made by the petitioners, and pass appropriate orders thereon, in accordance with law, after issuing notice to the unofficial respondents and after considering the objections, if any, raised by them, expeditiously, preferably within a period of two months from the date of receipt of a copy of this order.” Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 28th April, 2009 Note: Furnish copy in one week. B/o bcj