THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.13420 OF 2011 ORDER: 1. To declare the action of the first respondent in not taking any action on the petitioner’s representation dated 02.02.2011, the present Writ Petition is filed. 2. The brief facts, which are necessary for disposal of this Writ Petition, are as follows. The petitioner is the absolute owner and possessor of premises bearing No.53-27-4/1/4 of Chaitanya Nagar, Visakhapatnam. Respondents 2 and 3 are his immediate neighbours and they are owners of house bearing D.No.53-25-7/1 of Chaitanya Nagar, Visakhapatnam. Their building is situated exactly behind to his building and their constructions is more than 25 years. Recently, respondents 2 and 3 started construction of two floors over the existing old building without even maintaining minimum set backs and there is no gap of even an inch between the newly undergoing construction and the petitioner’s building. The petitioner requested respondents 2 and 3 several times not to make such construction on such old building and also objected for making such illegal construction for not maintaining minimum set backs but they have not acceded to his request and proceeded with their construction. Respondents 2 and 3 have no permission from the Municipal Corporation of Visakhapatnam to make such construction and therefore, it is unauthorized construction, which endangers their lives, as at any time, their building may collapse and in such event their lives will be great risk, as the petitioner’s building is adjacent to their building. So, he approached the first respondent with representation dated 02.02.2011 requesting him to take immediate action and stop the illegal and unauthorized constructions of respondents 2 and 3. The office of the first respondent assured him that they would take appropriate action against respondents 2 and 3 and stop their construction, as they have no permission. Even though more than two months elapsed, so far no action is taken. Taking advantage of the same, respondents 2 and 3 are proceeding with their unauthorized construction. Hence, this Writ Petition. 3. Learned counsel for the petitioner contended that respondents 2 and 3 are making unauthorized constructions and no action has been initiated by the first respondent and hence, prays for a direction to the first respondent to take immediate action against the illegal construction. 4. On the other hand, learned Standing Counsel for the Municipal Corporation, Visakhapatnam, submits that the representation of the petitioner has to be considered after giving reasonable opportunity to respondents 2 and 3 and appropriate action would be initiated against them in accordance with law. 5. No person is supposed to make any constructions without the sanctioned or approved plan. It is not known as to how respondents 2 and 3 are making the alleged unauthorized constructions. It is for the first respondent to visit the said premises and see whether the said constructions are being made in accordance with the sanctioned/approved plan or not. Therefore, the first respondent shall take appropriate decision on the representation of the petitioner dated 02.02.2011 and take suitable action after giving reasonable opportunity to respondents 2 and 3 and after calling for the explanation from them. 6. Subject to the above, the Writ Petition is disposed of. There shall be no order as to costs. _____________ (K.C.BHANU, J) 10th November 2011 RRB