Telangana High Court
WP/24684/2004 of J. Harilal, Vs Municipal Corporation of Hyderabad, on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE Mr. JUSTICE N.V. RAMANA WRIT PETITION No. 24684 of 2004 Between: J. Harilal, S/o. Sri J. Malloji, R/o. First Floor, H.No.2-2-3/04,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE Mr. JUSTICE N.V. RAMANA
WRIT PETITION No. 24684 of 2004
Between:
J. Harilal, S/o. Sri J. Malloji,R/o. First Floor, H.No.2-2-3/04, TRT 55,Industrial Housing Colony, Vidyanagar, Hyd. ..... PETITIONER
AND
1 Municipal Corporation of Hyderabad, Tank Bund, Hyderabad, rep. by its Commissioner.
2 The Assistant Commissioner, Municipal Corporation of Hyderabad, Circle III, Abids, Hyderabad-500001. Circle III, Abids, Hyderabad-500001.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased toIssue a writ, order or direction, more particularly one in the nature of writ ofmandamus, declaring the inaction of the respondents in taking action on the illegalconstructions in spite of the petitioner complaint dated 04.08.2004 and 04.09.2004as illegal, contrary to law and further direct the respondent to take immediate actionthereon as per Sections 452 and 453 of Hyderabad Municipal Corporation Act.
Counsel for the Petitioner : Mr.M.V.DURGA PRASAD
Counsel for Respondents : Mr.G.RAMA RAO, SC FOR MCH (not present)
The Court at the stage of admission, made the following :
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ORDER:
None appears for the respondents.
The petitioner claims to be owner of first floor Flat bearing H.No.2-2-3/64, TRT 55,Industrial Housing Colony, Vidyanagar, Hyderabad. The grievance of the petitioneris that one Smt.M.Aruna Mani who is residing in the ground floor of the samepremises, has constructed 6 small rooms with asbestos roof in the open commonarea belonging to both petitioner and Smt.Aruna Mani, illegally, without any sanctionand that the said construction is causing damage to the original structure of thebuilding and the petitioner has been suffering severe inconvenience on account ofthe said illegal construction to use the common area. Petitioner states that though hemade representations/ complaints to the respondent authorities on 4.8.2004,4.9.2004 and 8.11.2004, but the respondents neither taken any action againstSmt.M.Aruna Mani nor passed any orders on his representations. Hence, thepresent writ petition.
Since the representations of the petitioner dated 4.8.2004, 4.9.2004 and 8.11.2004are pending before the respondents, without going into merits of the matter, I deem itappropriate to direct the respondents to consider the said representations submittedby the petitioner and shall pass appropriate orders, in accordance with law.
The writ petition with the above observations and directions, is accordingly disposedof. No costs.
Date: 30.12.2004
_____________
N.V.RAMANA, J
TVK/DA
To
1 The Commissioner, Municipal Corporation of Hyderabad, Tank Bund, Hyderabad.
2 The Assistant Commissioner, Municipal Corporation of Hyderabad, Circle III, Abids, Hyderabad-500001. Circle III, Abids, Hyderabad-500001.
z3 Two CD copies.