THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.25469 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of respondent No.2, through his letter dated 10.06.2011, directing respondent No.3 to stop the erection/laying of electricity poles and providing electricity connections to street lights as well as domestic connections to about 308 families of slum dwellers residing in the identified slum area known as Ambedkar Nagar in the land in Sy.No.114 of Chinamushidivada Village, Pendurthi Mandal, Visakhapatnam District, as illegal and arbitrary, and to set aside the same, and consequently, direct the respondents to complete the said work and provide common basic amenities in the said area such as roads, water supply, power supply (street lines and domestic connections in complete shape) etc. 2. The case of the petitioner, in brief, is that a large number of poor families, who earn their livelihood by manual labour in and around the city of Visakhapatnam, put up huts in Sy.No.114 of Chinamushidivada, which were in existence for the last ten years and those hutment dwellers are not having house plots and most of them belong to the weaker sections of the community. The Municipal authorities provided a bore well and two street lights for entire colony and drinking water is being supplied everyday through tankers. Except these facilities, there are no other facilities provided so far for the last ten years. As the members of the society are facing the problems, they formed an association namely Chinamushidivada Murikivadala Nivasula Samkshema Sangham. Respondent No.2 authorities addressed a letter to the District Collector, Visakhapatnam to issue Land Possession Certificates in favour of 308 families while enclosing list of beneficiaries for taking up pucca housing scheme. Thereafter, respondent No.1, in his proceedings, dated 14.03.2008, requested the Tahsildar, Pendurthi to enquire the matter and submit a report. The Tahsildar, Pendurthi issued proceedings, dated 15.09.2008, to hand over the possession of the subject land admeasuring Ac.35.00cs of the municipal authorities and requested respondent No.2 to depute the Estate Officer for taking possession of the same. Then, the petitioner Association filed W.P.No.12003 of 2009 seeking direction for issuance of Land Possession Certificate in favour of the members of the society. By virtue of an interim order, dated 19.06.2005, it is observed that if the petitioners are long term encroachers and not over night encroachers, they are entitled to continue in possession and are liable to be evicted only by following the due process of law. Later, the municipal authorities have undertaken developmental activity in subject colony by constituting a committee. The subject colony is identified and included in list of priority slums under RAY (second year) programme at Serial No.185 and sanctioned works, but while the works were in progress, the impugned proceedings have been issued by the Commissioner on 10.06.2011. Hence, the writ petition. 3. Heard both sides. 4. Admittedly, the petitioner society gave a representation on 04.07.2011 to the Municipal Commissioner requesting him to provide electricity connection and other amenities. Whether the amenities, as requested by the petitioner Society, can be provided or not has to be decided by the Commissioner. Therefore, without adverting to the merits of the case, the Municipal Commissioner is directed to take appropriate decision on the representation, dated 04.07.2011, of the petitioner Society within a period of four (4) weeks from the date of receipt of a copy of this order and thereafter, communicate a copy of the same to the petitioner. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 01st November, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.25469 OF 2011 Date:01.11.2011 AMD