Anapalli Venkata Subba Reddy v. The District Collector,

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.34361 of 2012 ORDER:

Heard Mr. K. Rathangapani Reddy for petitioner and Assistant Government Pleader (Revenue) for respondents.

2. The petitioner prays for Mandamus declaring the inaction of respondents in preventing construction of temple by the fifth respondent adjacent to the house of petitioner as illegal, arbitrary and unconstitutional.

3. On 05.11.2012, the following interim order was passed by this Court: "Notice before admission, returnable in three (3) weeks. Learned counsel for the petitioner is also permitted to take out personal notice to the respondents and file proof of service. Post after three (3) weeks.

The proposed construction of Temple shall be subject to condition that the 5th respondent shall not undertake slaughtering of animals in it."

4. The Assistant Government Pleader submits that in spite of communication, the office of Government Pleader has no instructions from respondents. Keeping in consideration the grievance of petitioner and order of this Court dated 05.11.2012, the writ petition can be disposed of by directing the Tahsildar, Podalakuru Mandal, SPSR Nellore District to dispose of the representations already filed by the petitioner in this behalf and he has no objection to continue to maintain the interim order passed by this Court.

5. I have perused the material available on record and taken note of the submissions of the Assistant Government Pleader. I am satisfied the writ petition can be disposed of by this order to meet the ends of justice. The petitioner is given liberty to furnish copies of representations along with copy of this order to second respondent within four (4) weeks from today. The second respondent is directed to enquire into and dispose of

the representations within six (6) weeks thereafter. The parties are directed to comply with the interim order dated 05.11.2012 till a decision is taken and communicated to the petitioner.

The writ petition is disposed of. As a sequel, the miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

____________ S. V. BHATT, J August 22, 2016 DSK