Sai Krishna Mansion Residents Welfare Association, v. The Commissioner,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18534 OF 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the inaction of the 2nd and 3rd respondents in preventing illegal constructions made by the 4th respondent without leaving minimum setbacks which is contrary to the Municipality Act & Rules as illegal, arbitrary, unconstitutional and contrary to the principles of natural justice consequently directing the 2nd and 3rd respondents to prevent the 4th respondent from making any further construction contrary to the sanctioned plan without leaving setback and the byelaws while directing the respondents to remove the illegal construction already carried out by the 4th respondent contrary to the sanctioned plan and may be pleased to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case." 2.

After arguing for sometime, learned counsel for the petitioner requested the Court to direct respondent Nos.2 and 3 herein to consider the representation, dated 01.06.2017, of the petitioner and pass appropriate orders in accordance with law. 3.

Considering the facts and circumstances of the case and the grievance of the petitioner, without going into the merits of the case, respondent Nos.2 and 3 are hereby directed to consider the representation, dated 01.06.2017, of the petitioner and pass

appropriate orders in accordance with law as expeditiously as possible.

4.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

5.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date : 13.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18534 OF 2017 Date: 13.06.2017 AMD