HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.229 of 2010 Date: January 21, 2010 Between: Ganesh Nagar Residents Welfare Association, Rep. by its Vice-President N. Appala Raju, S/o. late Ramu, aged 40 years, Hindu, Male, R/o.58-30-96/2, Ganesh Nagar, 4th Lane, NAD Kotha Road, Visakhapatnam … Petitioner And Greater Visakhapatnam Municipal Corporation, Represented by its Commissioner, Visakhapatnam, and three others … Respondents Order: The petitioner herein, a residents’ welfare association, has questioned the inaction on the part of the first respondent, Greater Visakhapatnam Municipal Corporation, in taking action for protecting the municipal drainage from respondents 2 to 4 who are trying to encroach upon the same. In the affidavit filed in support of the writ petition, it is stated that the petitioner is a registered welfare association comprising of the residents of Ganesh Nagar, Visakhapatnam and on the eastern side of the petitioners’ colony, there is a 20-feet wide road and adjacent to that road, a 20-feet wide gedda (municipal drainage) is flowing from North to South. It is stated that respondents 2 to 4 own an extent of about 5520 sq. yards of land in Sy.No.28/1, Ward No.42, Gowri Nagar, which is situated on the eastern side of the said municipal drainage, wherein a residential apartment is being constructed and respondents 2 to 4, with a view to have access to the existing 20-feet road in the petitioner’s colony, are making attempts to occupy the said municipal drainage. The grievance of the petitioner is that though a representation dated 08-01-2010 is submitted bringing to the notice of the first respondent about the said encroachment on the public property, no action is being taken. The allegation of the petitioner-association is that respondents 2 to 4 are trying to encroach upon the municipal drainage to have access to the 20-feet road in its colony and complaining such action, it has submitted a representation to the first respondent. Whether any such encroachment, as alleged by the petitioner-association is being made, is a matter which is in the domain of the first respondent and it is the said authority that has to consider the same and initiate necessary action. As much as the representation dated 08-01-2010 submitted by the petitioner-association is pending, I dispose of the writ petition directing the first respondent to consider the said representation, inspect the site in question and take appropriate action, as expeditiously as possible, within six weeks from the date of receipt of this order. If, on inspection, it is found that encroachment has been made on the site in question, as alleged by the petitioner, necessary steps shall be taken by issuing notice to the petitioner as well as respondents 2 to 4. No order as to costs. _______________________ R. SUBHASH REDDY, J January 21,2010 MRR