Sadanala Satyanarayana S/O. Gangaraju v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.25957 of 2015 Date: 07.09.2015 Between :

Sadanala Satyanarayana S/o. Gangaraju, Aged 60 years, Occu: Retired Teacher, R/o.D.No.60-10-1/1, Naicker Street, Jagannaickapur, Kakinada, East Godavari District.

.... Petitioner And The State of Andhra Pradesh, rep.by its Principal Secretary, Municipal Administration and Urban Development, A.P.Secretariat, Hyderabad and two others.

.... Respondents This Court made the following :

HONOURABLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.25957 of 2015 ORDER :

Petitioner is a resident of Jagannaikpur, J.Ramaraopeta, Kakinada within the Ward Nos.20 and 21 of Kakinada Municipal Corporation. In the house bearing Door No.61-2-77 situated on the eastern side of the house of the petitioner, respondents are attempting to erect a Telecommunication Infrastructure Tower.

2. Having come to know that the respondents are taking steps to erect Telecommunication Infrastructure Tower, petitioner has filed complaint before the Municipal Corporation. In the complaint petitioner alleges that there was no permission for the building where the Telecommunication Infrastructure Tower is proposed to be erected and even if it is erected, it would be violating the condition No.E(iii) of G.O.Ms.No.146 Municipal Administration & Urban Development (M2) Department, dated 19.06.2015.

3. Having regard to the claim of the petitioner that a representation submitted by him is pending consideration by the respondent municipal corporation, without expressing any opinion on merits, this writ petition is disposed of directing the respondent municipal corporation to consider the objection of the petitioner and if necessary by conducting survey of the premises with reference to the violation of condition No.E (iii) of the G.O.Ms.No.146, dated 19,.06.2015 and pass appropriate orders as warranted by law within a period of four weeks, at any rate before granting permission for erection of Telecommunication Infrastructure Tower in favour of third respondent. If the respondent municipal corporation conducting physical verification on the claim of the petitioner, it shall cause notice on the third respondent while conducting such physical verification. There shall be no order as to costs.

Miscellaneous petitions if any pending in the writ petition shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO Date: 07.09.2015 Kkm

HONOURABLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.25957 of 2015 Date: 07.09.2015 kkm