IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4244 of 2007 Between : Smt.Bandari Surya Kala, w/o Bandari Subash, r/o H.No.1-4-159/1, Near Laxmi Theatre, Chaithanya Nagar, Metpally Village and Mandal, Karimnagar District. ..... PETITIONER AND The Metpally Municipality, represented by its Commissioner, Metpally, Karimnagar District. .....RESPONDENT 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 action of the respondent municipality in not issuing any orders considering the petitioner's representation dated 23-2-2007 for taking steps to cover the drainage to avoid bad smell and threatening to remove the cover which is being constructed by the petitioner over the drainage towards south side of the petitioner's house bearing No.1-4-159/1, situated at Laxmi Theatre, Chaithanya Nagar, Metpally, Karimnagar District consequently direct the respondent Municipality not to dismantle the cover which is being constructed by the petitioner over the drainage towards south side of the petitioner's house bearing No.1-4-159/1 situated at Laxmi Theatre, Chaithanya Nagar, Metpally, karimnagar District and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.K.VENUMADHAV Counsel for the Respondent: MR.POLISETTY RADHA KRISHNA(SC FOR MPL(TA)) The Court made the following : ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondent in not passing orders on the representation filed by her on 23rd of February 2007, and in taking steps for removal of cover over the drainage adjoining the house of the petitioner bearing No.1-4-159/1, situated at Laxmi Theatre, Chaithanya Nagar, Metpally, Karimnagar District. 2. It is the grievance of the petitioner that she is the owner and possessor of a residential house bearing No.1- 4-159/1 situated at Laxmi Theatre, Chaithanya Nagar, Metpally, Karimnagar District. It is stated that in her house, a drainage is constructed and to the same drainage, respondent/Municipality has connected the flow of public drainage. It is stated that as much as bad smell is emanating from the said drainage, and in view of un- hygienic conditions due to the open drainage which was passing through her plot, she has submitted a representation dated 23rd of February 2007, requesting the Municipality to cover the open drainage or to allow her to cover the same. It is submitted that as much as no steps are taken by the respondent upon her representation, to the extent of drainage passing through her plot, she has constructed a cover over it, to avoid foul smell, which is emanating from the said drainage. It is submitted that the respondent/Municipality has not considered her representation, and on the other hand, they are taking steps for removal of the cover constructed by her over the open drainage. 3. Whether a particular drainage system is to be covered or not, is a matter to be considered by the respondent/Municipality. Asmuch as it is stated that the representation of the petitioner, dated 23rd of February 2007 is not yet considered, I dispose of the writ petition, allowing the petitioner to submit a copy of the said representation to the respondent/Municipality along with a copy of this order within six weeks from the date of receipt of a copy of this order. Upon filing such representation, the respondent/Municipality shall consider the same and pass appropriate orders and communicate the same to the petitioner. Till such orders are passed and communicated to the petitioner, status quo shall be maintained over the drainage in question. 4. Subject to above directions, the writ petition stands disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 23rd April 2009 ajr