THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.24731 of 2011 Dated 05th September, 2011 Between: Smt.Datla Suneetha …Petitioner And The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam and others …Respondents Counsel for the petitioner: Sri Y.Vivekananda Swamy Counsel for respondent Nos.1 & 3: Sri N.Ranga Reddy Counsel for respondent Nos.2 & 4: AGP for Revenue The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the inaction of respondent Nos.1 and 3 in constructing public toilets in the name of “Sulabh Complex” behind the petitioner’s house bearing No.10-4- 135/1 in Survey No.44/3, Gajuwaka Village, Visakhapatnam, as illegal and arbitrary. The petitioner also sought for a direction to the respondents not to construct “Sulabh Complex” and to remove the retaining wall. I have heard Sri Y.Vivekananda Swamy, learned counsel for the petitioner, Sri N.Ranga Reddy, learned Standing Counsel for respondent Nos.1 and 3 and the learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 4. The grievance of the petitioner is that respondent No.3 encroached upon a part of her land forming part of the above-noted premises and also raised a retaining wall encroaching upon a drainage, which is otherwise called gedda. Her further grievance is that even though representations have been made to the respondents in general and respondent No.2 in particular, no action in respect thereof has been taken. Since the dispute raised by the petitioner falls in the realm of facts, it is not possible for this Court to adjudicate the same in a writ petition. Instead, it would be appropriate if respondent No.2 disposes of the representation, dated 25.08.2011, if received by him. Respondent No.2 shall give an opportunity of personal hearing to the petitioner and if he is satisfied that respondent No.3 has encroached any part of the petitioner’s land and that construction of retaining wall obstructs the free flow of drainage water, he shall take appropriate action. He shall complete this exercise within a period of two weeks from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.30407 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 05th September, 2011 Note: Issue CC in three days. (b/o) VGB