IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18804 of 2008 Between: 1 M/s. Manasa Opera Apartment Owners Welfare Association, Registered No. 922/2004, Rep. by its President and Secretary. 2 Sri. E.A.Naidu S/o. Latchapatrudu, Flat G5, D.no.11-15-15, Manasa Opera Apartments, Block A, Atchutaramayya Street, Ramaraopeta, Kakinada. ..... PETITIONERS AND 1 State of A.P., rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad. 2 Municipal Corporation of Kakinada, Rep. by its Commissioner, Kakinada. 3 Town Planning Officer, Municipal Corporation of Kakinada, Kakinada. 4 Govada Haribabu S/o. Chowdary M/s. Manasa Estates, Manasa Opera Apartments, Block A, Cellar {Portion, D.no. 11-15-15, Atchutaramayya Street, Ramaraopeta, Kakinada .....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 respondents in considering our grievances and in receiving our detailed representations dated 27-6-2008 and 14-7-2008 and also the registered notice sent through our legal counsel requesting the Corporation to initiate action against the 4th respondent herein is arbitrary, illegal, capricious, high handed, collusive and violate the fundamental rights guaranteed to me under Articles 14, 21 and the guarantee under Article 300-A of the Constitution of India, Statutory provisions of the Hyderabad Municipal Corporation Act as is applicable to the Municipal Corporation of Kakinada, apart from being in violation of Principles of natural justice and fair play and consequently direct the respondents to demolish the unauthorized constructions made by the 4th respondent in violation of the approved plan of the constructions in respect of the property in D.No.11-15-15, Manasa Opera Apartments, Block A, Atchutaramayya Street, Ramaraopeta, Kakinada and Protect right to enjoy our respective properties in Manasa Opera Apartments and pass Counsel for the Petitioners: MR.T.S.ANAND Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are two in number, challenging the inaction of the respondents 2 and 3 in considering their representations dated 27.06.2008 and 14.07.2008 complaining unauthorized constructions made by Manasa Opera Apartments (Block A)-fourth respondent. The ﬁrst petitioner is an association of the owners of M/s. Manasa Opera Apartments (Block-A). Petitioner No.2 owns one of the ﬂats in M/s. Manasa Opera Apartments (Block-A). It is the grievance of the petitioners that the third respondent put up constructions in the cellar and also pent house, contrary to the sanctioned plan. The petitioners submitted representations before the respondents 1 to 3. There being no action on the representations submitted by them, the petitioners approached this Court invoking jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, the learned Standing Counsel for Kakinada Municipal Corporation received notice on behalf of respondents 2 and 3. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for respondents 2 and 3. Indisputably, the petitioners submitted representations on 26.04.2005,27.06.2008 and 14.07.2008 and the said representations are pending for consideration. In that view of the mater, the Writ Petition is disposed of at the admission stage, directing respondents 2 and 3 to consider the representations of the petitioners, and after putting notice the aﬀected parties, pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. _________________________ (B. Seshasayana Reddy, J.) 29th August, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of A.P., rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad. 2 Municipal Corporation of Kakinada, Rep. by its Commissioner, Kakinada. 3 Town Planning Officer, Municipal Corporation of Kakinada, Kakinada. 4 2 CCs to G.P. for Municipal Administration and Urban Development, High Court of A.P. Hyderabad.(OUT) 5 2 CD copies.