IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3900 of 2009 Between: K.Narender, S/o.K.Mohan Rao, R/o. Plot No.46, Surya Nivas, Mega Hills, Madhapur, HYDERABAD. ..... PETITIONER AND 1 The Commissioner, Greater Hyderabad Municipal Corporation, (GHMC), Near Tank Bund Road, Hyderabad. 2 The Town Planning Officer, Greater Hyderabad Municipal Corporation, (GHMC), Circle No.VII, Khairatabad, Hyderabad. 3 Smt. Laxmi, W/o. Venkatesh, R/o.H.No.8-2-293/61, Venkateswara Nagar Road No.14, Banjara Hills, Hyderabad. .....RESPONDENTS 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 order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 1st and 2nd respondents in not acting upon the written complaint dated 11-2-2009 made by Petitioner, Seeking them to take necessary action against the illegal, unauthorized construction carried on by the 3rd respondent in the premises bearingNo.8-2-293/61, Venkateswaranagar, Road No.14, Banjara hills, Hyderabad, as arbitrary, illegal and consequently direct the 1st and 2nd respondents to initiate action under Section 452 and 636 of the GHMC Act, 1955 (a amended by Act 14 of 2008) against the third respondent and if necessary demolish all such structures deviating, encroaching into the open spaces surrounding the 3rd respondents premises without leaving set backs. Counsel for the Petitioner:MR.A.TULSI RAJ GOKUL Counsel for the Respondent No.: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE The Court made the following : ORDER: Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Corporation and at their request, the writ petition is taken up for final disposal at the admission stage itself. This writ petition is filed by the petitioner stating that the third respondent herein, who is his neighbour of his house bearing No.8-2- 293/61, situated on the northern side of his property has recently commenced construction and made several deviations from the sanctioned plan. Aggrieved by the same, he made a complaint to the second respondent-Town Planning Officer, Greater Hyderabad Municipal Corporation, Circle No.VII, Khairatabad on 7-2-2009 to take necessary action and to remove the encroachments made by the third respondent herein but so far no action has been initiated and hence this writ petition. The learned standing counsel for the Corporation submits that since the representation of the petitioner dated 11.2.2009 is pending consideration before the second respondent, instead of this Court going into the merits of the matter, the authorities may be directed to consider and take necessary action on the said representation, for which course of action, the learned counsel for the petitioner also agreed. In the circumstances, without going into the merits of the matter, the writ petition is disposed of directing the 2nd respondent to consider and take necessary action on the representation of the petitioner within a period of six weeks from the date of receipt of a copy of this order, after issuing notice to the 3rd respondent. N.V.RAMANA,J DT.27.2.2009 msv