THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.12571 of 2006 ORDER : This Writ Petition has been filed seeking to declare the action of the Respondents 1 and 2 in not demolishing the illegal structures said to have been constructed by the 3rd Respondent, as illegal. The petitioner claims to be the absolute owner of the premises bearing Dr.No.118/1, situated in Ward No.17, Trunk Road, Nellore and running business in the name and style as ‘Sri Srinivasa Book Depot’. The vacant site adjacent to the said shop also belongs to him. In a suit O.S.No.339 of 1983 on the file of the I Additional District Munsif Court, Nellore his title to the said property has been declared, granting permanent injunction against the 3rd Respondent herein. Since the 3rd Respondent has made illegal constructions on the property of the petitioner, that too without obtaining permission from the Municipality, he has filed this Writ Petition for the aforesaid relief. Heard Sri B.Kamalakara Rao, learned counsel for the petitioner and Sri B.Hanumantha Rao, learned standing counsel for Nellore Municipality. The 3rd Respondent, despite service of notice, has remained ex parte. The fact that the petitioner is the owner of the premises is not in dispute. The 1st Respondent has filed his counter admitting that the 3rd Respondent has made a construction on the western side of the shop of the petitioner without obtaining permission but insofar as the other constructions pointed out by the petitioner viz., the compound wall on the southern side with windows, it is stated that it is an old structure, as such could not be removed. From the facts it is evident that the 3rd Respondent has made a construction on the western side without obtaining permission and the same is liable to be demolished. Although it is stated that the roof is removed, the same is not sufficient. Therefore, the respondent shall ensure the removal of the wall existing on the western side. As far as the compound wall with windows on the southern side is concerned, the petitioner asserts that even the said construction has been made without permission. If that be so, the 1st Respondent shall verify and take appropriate action thereon. The 1st Respondent shall complete the said exercise as early as possible, preferably within a period of two months from the date of receipt of a copy of the order. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 10th February, 2011. skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.12571 of 2006 Date : 10-02-2011 Between : Cherukumudi Ananda Rao .. Petitioner And The Commissioner, Nellore Municipal Corporation, Nellore, Nellore District and 2 Others .. Respondents