Kanakam Indhdra , v. The Greater Warangal Municipal Corporation

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.8981 of 2016 ORDER:

Heard Sri G.L. Narasimha Rao, learned counsel for the petitioner, and Smt. Pingali Lakshmi, learned Standing Counsel for first respondent - Greater Warangal Municipal Corporation. The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ, order or direction , more particularly one in the nature of Writ of Mandamus , declaring the inaction of the respondent No.1 to 6 allowing the illegal construction making by the 7th respondent in the left out land of master plan at the house of the 7th respondent contrary to the permission Dated. 30-11-2015 granted by the respondents and further inaction of the respondents in not taking any action on petitioner representation Dt.

12-3-2016 to stop and demolish the compound wall is illegal improper violation rules and Law and consequently direct the official respondents to stop the illegal construction of the 7th respondent and take action as per the Law against the 7th respondent illegal construction and pass such other order or orders as deem fit and proper in the circumstances of the case."

It appears that the petitioner made representation dated 12.03.2016 to the Commissioner, Greater Warangal Municipal Corporation, the first respondent, and the same is pending consideration.

In the light of the order proposed to be passed by this Court, there is no necessity to put the unofficial respondent on notice as this Court is not venturing to adjudicate any issue on merits. As the representation dated 12.03.2016 made by the petitioner is yet to be acted upon, it is for the authority concerned to apply its mind to the said representation and take action thereon, if warranted, in accordance with the due procedure. In this exercise, the authority would necessarily have to give an opportunity of hearing to all the parties who would be affected by any decision taken upon the petitioner's representation.

Adhering to this procedure, the first

respondent shall duly consider the petitioner's representation dated 12.03.2016 and take appropriate action in the matter, if warranted, in accordance with law. This exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above directions. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 18.03.2016 GJ