HON'BLE MR JUSTICE N.V. RAMANA W. P. No. 4780 of 2009 DATED: 02.09.2009 Between: Proddutur Sri Ankalamma Devatha Poth RajuKatta ..... PETITIONER AND 1. The Commissioner, Proddutur Municipality 2. Town Planning Officer, Municipality Proddutur .....RESPONDENT(S) O R D E R:- The main grievance of the petitioner is that the respondents- Proddutur Municipality, without issuing any notice and without following due process under law, are taking steps to remove/demolish the mulgies belonging to Sri Ankalamma Devatha Pothraju Katta Temples, in an extent of 350 Sq. yards, situated at Nadimpalle Street, Proddutur, Kadapa District which is under the management and control of the petitioner- association, for the purpose of widening the road. Hence, the petitioner filed the present writ petition seeking appropriate directions. The respondents filed counter affidavit stating that so far there is no proposal for removal or demolition of the properties belonging to the temple, and therefore, no notice whatsoever has been issued to the encroachers of the land in question. It is further stated that if the respondent-Municipality requires the land in question for the purpose of widening the road, they will certainly follow the due process of law, in that they will issue notice to the petitioner and after considering the explanation if any, they will pass necessary orders and take action in accordance therewith. Having heard the learned counsel for the petitioner and the learned Standing Counsel for Proddutur Municipality appearing for the respondents, and having regard to the stand taken by the respondents in their counter affidavit that so far there is no proposal for removal/demolition of the temples in question and that if they propose to remove/demolish the properties in question, they will certainly follow the due procedure under law, this Court is inclined to dispose of the writ petition with the following directions: “The respondents-Proddutur Municipality are directed not to demolish/remove the mulgies belonging to Sri Ankalamma Devatha Potharaju Katta Temples situated in the land in question, unless and until they follow the due process of law.” Accordingly, the writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 2nd September, 2009 bcj