Telangana High Court
WP/26934/2006 of Makam Anand, Vs The Commissiner, Kadapa Municipality, on 27 December 2006
SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.26934 OF 2006 Date:27th December 2006 Between: 1. Makam Anand, s/o M.Gopal Krishna, aged 40 years, r/o D.No.12/270, Potti Sriramulu veedhi, KadapaTown, Kadapa District and 5 others. … Petitioners. And The Commissioner, Kadapa Municipal
THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION NO.26934 OF 2006
thDate:27December 2006
Between:
1. Makam Anand, s/o M.Gopal Krishna, aged 40 years, r/o D.No.12/270, aged 40 years, r/o D.No.12/270, Potti Sriramulu veedhi, KadapaTown, Kadapa District and 5 others.
… Petitioners.
And
The Commissioner, Kadapa Municipal Corporation,Kadapa, Kadapa District.
… Respondent.
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ORDER:
The matter is coming up for admission. Sri S.I. Newtontakes notice on behalf of the respondent. Heard Sri J.Janaki RamiReddy, learned counsel representing the writ petitioners.
2. The writ petition is filed for a writ of Mandamus to declareaction of the respondent corporation in making markings andthreatening to demolish the shops belonging to the petitionersbearing D.Nos.19-136, 19-137, 19-146, 19-150, and 19-151situated at Madras Road, Kadapa Town, Kadapa District, withoutissuing any notice and without following due process of law underSections 146 and 147 of the Municipal Corporation Act or under the Land Acquisition Act, as illegal, arbitrary and violaltive ofArticles 14 and 21 of the Constitution of India; and consequentlydirect the respondent not to take any coercive steps and passsuch other suitable orders.
3. It is stated that the petitioners are absolute owners andpossessors of shops bearing D.Nos. 19-136, 19-137, 19-146, 19-150 and 19-151, situated at Madras Road, Kadapa Town,Kadapa District. It is also stated that on 18.12.2006 the officials ofthe respondent corporation came to the shopping complex of thepetitioners and threatened to demolish the portion of the saidshopping complex for the purpose of widening the Madras Trunkroad and made some markings on the said complex.
4. In view of several facts and circumstances explained, thiscourt is of the considered opinion that the writ petition be disposedof directing the respondent not to proceed with any demolitionactivity in relation to the subject matter of the writ petition unlessand until due process of law is followed.
5. The writ petition is disposed of accordingly. No order as tocosts.
Date: December 27, 2006.
__________________(P.S.NARAYANA, J.)
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