IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON’BLE MR. JUSTICE V.V.S.RAO WRIT PETITION NO.21746 OF 2003 Between: Smt.Vedula Kamala, W/o.Gopinath Sai Krupa, HIG-15, Vuda Layout, NAD Post Visakhapatnam …PETITIONER And 1. The Commissioner, Visakhapatnam Municipal Corporation, Visakhapatnam 2. The Chief Town Planner, Visakhapatnam Municipal Corporation, Visakhapatnam 3. A.R.Krishna Reddy, R/o.D.No.4-69-28/1, Lawsons bay colony, Visakhapatnam …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 any writ, direction or order particularly one in the nature of Mandamus by directing the respondents 1 and 2 to demolish the unauthorized construction adjoining in Plot No.14 raised by the 3rd respondent and as per notice issued by the 1st respondent. Counsel for the Petitioner: DR. P.B.VIJAYA KUMAR Counsel for the Respondents: MR.T.S.VENKATA RAMANA, STANDING COUNSEL FOR VISAKHAPATNAM MUNICIPAL CORPORATION The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.21746 OF 2003 ORDER: The grievance of the petitioner is that third respondent is making unauthorized construction in HIG Plot No.14, Marripalem layout, N.A.D. Post, Visakhapatnam, and in spite of the complaint, the Commissioner of Visakhapatnam Municipal Corporation (hereafter called, the Corporation) has not taken any action. A direction is sought to respondents 1 and 2 to demolish the unauthroised construction. This Court admitted the Writ Petition and directed the learned Standing Counsel for the Corporation to file counter affidavit. In the counter affidavit filed on behalf of respondents 1 and 2 it is stated that the Corporation has issued notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short, the Act) on 19.8.2003 to third respondent. As he failed to submit explanation, the Corporation also issued notice/order under Section 636 of the Act on 20.10.2003 to remove unauthorized construction. In that view of the matter, the cause of action does not survive. The Writ Petition is accordingly disposed of directing respondents 1 and 2 to take appropriate action pursuant to orders issued under Section 636 of the Act immediately. No costs. _______________ (V.V.S.RAO, J) 3.9.2004 bnr To 1. The Commissioner, Visakhapatnam Municipal Corporation, Visakhapatnam 2. The Chief Town Planner, Visakhapatnam Municipal Corporation, Visakhapatnam 3. 2 CD copies