IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 29124 of 2008 Between: Paladugu Sambasiva Rao, S/o. Kuchela Rao, 31-7-8, near JMJ College, Tenali, Guntur District. ..... PETITIONER AND 1 Tenali Municipality, Rep by its Commissioner, Tenali, Guntur District. 2 Kundeti Venkata Subtrahmanyam, S/o. Satyanarayana, 31-7-6A, near JMJ College, Tenali, Guntur District. 3 Kurra Suvarna Lakshmi, S/o. Subash Bose, 31-7-5, Kurra Kondaiah Bhavan near JMJ College,Tenali, Guntur District. 4 Alaparthi Chandrasekhar, S/o. Venkata Subbaiah, Angalakuduvu Village, Tenali Mandal, Guntur 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 a Writ of Mandamus or any other appropriate Writ, order or direction, declaring the inaction on the part of the 1st respondent on the representations made by the petitioners on 1-12-2008 and 22-12-2008 as illegal and contrary to the provisions of A.P. Municipalities Act, building bye-laws and the Rules made under the Act and consequently direct the 1st respondent to inspect the site situated at premises No.31-7-6A and 31-7-5, Saralanagar, near JMJ College, Tenali, Guntur district wherein the respondents are making construction in the name and style of 'Gurukrupa Apartments' and take appropriate action as per the provisions of the A.P. Municipalities Act, building by- laws and the Rules made under the Act and see that the construction is to be made in accordance with the sanctioned plan by taking required precautionary measure as per the provisions of the Act and the Rules made thereunder and pass Counsel for the Petitioner: MR.N.SUBBA RAO Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : ORDER: This writ petition is filed by the petitioner aggrieved by the action of the 1st respondent – Commissioner, Tenali Municipality in not taking any action on his representations dated 1.12.2008 and 22.12.2008. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Municipality and at their request the writ petition is taken up for final disposal at the admission stage itself. The petitioner is a resident of Door No.31-7-8 near JMJ College, Tenali, Guntur District. It is his grievance that on the northern side of his house, respondents 2 to 4 are making construction of an apartment completely in deviation of the sanctioned plan without leaving any set backs and, therefore, he made representations dated 1.12.2008 and 22.12.2008 to the 1st respondent requesting him to take necessary action in the matter, in vain. Hence this writ petition. The learned standing counsel for the respondent Municipality submits that since the representations of the petitioner are still pending consideration before the 1st respondent, instead of this Court going into the matter, the respondent authorities may be directed to dispose of the said representations, for which course of action, the petitioner also agreed. In the circumstances, without going into the merits of the matter, the writ petition is disposed of directing the 1st respondent – Commissioner to consider and take necessary action on the representations of the petitioner stated above expeditiously after giving notice and affording opportunity to respondents 2 to 4. N.V.RAMANA,J DT.5.2.2009 msv