Telangana High Court
WP/28145/2008 of Manikyam Vs The Commissioner, Greater Hyderabad Municipal on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.28145 of 2008 Between: Manikyam S/o.Late Annamalai, R/o.Plot No.42, Prudential
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION NO.28145 of 2008
Between:
Manikyam S/o.Late Annamalai, R/o.Plot No.42, Prudential bank colonyPhase II,Subhashnagar , Alwal Municipality, Secunderabad.
AND
...PETITIONER
1 The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad.
2 The Deputy Commissioner, Alwal Municipality Secunderabad 3 N.Badaharan Reddy S/o.Ramachandra Reddy R/o.Plot No.43,Prudential Bank colony,Phase II Subhashnagar, Alwal Municipality, Secunderabad.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to declare the in action of the 1 and 2 respondents onthe complaints made against the 3rd respondent is illegal, arbitrary,and against the principles of natural justice an direct the 1 and 2respondents to take necessary action against the 3rd respondentconstruction by way of order or direction more particularly one in thenature of writ of mandamus in the circumstances of the case.
Counsel for the Petitioner: VINJAMURI RANGA BABU
Counsel for the Respondents: SMT.KALPANA EKBOTE
The Court made the following:
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION NO.28145 of 2008
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ORDER:
According to the petitioner, he is a resident of Plot No.42,Prudential Bank Colony, Phase II, Subhash Nagar, Alwal Municipality,Secunderabad. The said house was constructed way back in the year1996 as per the approved building plan. While so, the thirdrespondent, who is the neighbour of the petitioner, started constructinga house and as the construction of the said house is contrary to theBuilding Regulations, the petitioner approached him and requestedhim not to make any unauthorized construction, as it is causinginconvenience to him. But the third respondent did not heed to thepetitioner. The petitioner approached respondents 1 and 2 but theyhave not taken any action against the third respondent. Hence, heapproached this Court and filed the present Writ Petition.
Having heard the learned counsel for the petitioner and SriR.Radha Krishna Reddy, learned Standing Counsel for the secondrespondent-Corporation, this Court is of the view to dispose of the WritPetition at the admission stage by dispensing with the usual notice tothe unofficial respondent.
Accordingly, the Writ Petition is disposed of at the admission stage directing the second respondent to cause a detailed enquiry intothe representations made by the petitioner and find out as to whetherthe said construction made by the third respondent is in accordancewith the approved building plan or not and thereafter, may takenecessary action, if it is contrary to the said approved building plan. Asthis Court is dispensing with the usual notice to the third respondent,the second respondent is hereby directed to put the third respondent onnotice before he holds any enquiry or initiate any action. This exerciseshall be completed within a period of four {4} weeks from the date ofreceipt of a copy of this order.
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(GOPALA KRISHNA TAMADA, J)
26[th] December 2008RRB