Seethammadhara Cooperative House Building Society Ltd. v. The Commissioner

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.21910 of 2018 ORDER:

In this Writ Petition, under Article 226 of the Constitution of India, the only request of the petitioner is to direct the respondents to consider and dispose of the representation given by the petitioner, on 28.05.2018, with regard to the constructions that are being carried on by one M.Nagaraju, without obtaining any permission for construction and without having any manner of right over the property, where the constructions are being made. 2.

I have heard the submissions of Sri M.Bala Subrahmanyam, learned counsel appearing for the petitioner, of Sri S.Laxmi Narayana Reddy, learned Standing Counsel for the Greater Visakhapatnam Municipal Corporation appearing for the respondents 1 & 2; and of the learned Government Pleader for Municipal Administration and Urban Development appearing for the 3rd respondent. I have perused the material record. 3.

Learned counsel for the petitioner submits that if a direction is given as sought for in the writ petition, the ends of justice would be met.

4.

Learned Standing Counsel for the Municipal Corporation, Sri S.Laxmi Narayana Reddy, having taken notice for the respondents 1 & 2, placed on record an order, dated 12.06.2018, of this Court in W.P.No.19228 of 2018, said to have been filed by one Pothuri Ramakrishna Raju and contended that in view of the disposal of the said writ petition, this writ petition is liable for disposal.

MSRM, J W.P.No.21910 of 2018 5.

A perusal of the afore-stated order would indicate that the said writ petition was disposed of with a direction to the respondent authorities to proceed strictly in accordance with law. He would also submit that if the constructions are being made in accordance with the approved plan, the said person, who obtained the permission is entitled to do so and that if any constructions are being made in deviation of the sanctioned plan, it is open for the respondent authorities to take action as per law. 6.

Having regard to the submissions, the Writ Petition is disposed of directing the 2nd respondent authority to consider and dispose of the representation afore-mentioned of the petitioner within three (03) weeks from the date of receipt of a copy of this order and communicate the decision taken thereon to the petitioner within a week thereafter. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in these Writ Petitions shall stand closed.

______________________________ M.SEETHARAMA MURTI, J Date: 28th June, 2018 Note: Issue C.C. on 02.07.2018.

(B/o.) KL

MSRM, J W.P.No.21910 of 2018 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.21910 of 2018 Date: 28th June, 2018 KL