Telangana High Court
T. Srinivas Reddy vs State Of Telangana And 9 Others on 31 August, 2020
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION NO.14261 of 2020
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India for issue of a writ of mandamus declaring the inaction on the part of respondent No.2 in considering the complaint dated 13.05.2020 filed by the petitioner in the office of the Municipal Corporation, Circle No.23, Moosapet, as illegal, arbitrary and in violation of Articles 14, 19, 21 and 300A of the Constitution of India.
2. The present writ petition is taken up for hearing today, i.e. 31.08.2020, through Video Conferencing.
3. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Sri Sampath Prabhakar Reddy, learned Standing Counsel appearing on behalf of respondent Nos.2 to 5.
4. Learned Counsel for the petitioner while reiterating the writ averments would submit that the petitioner being a responsible citizen and on coming to know about the illegal construction being made in plot No.59, 9th phase of KPHB colony, lodged a complaint with the 4th respondent authority and other respondent authorities, vide his complaint dated 13.05.2020, and thereafter regularly followed-up the same by further complaints dated 15.05.2020, 06.06.2020 and 08.062020. It is submitted by the learned Counsel for the petitioner that, despite the petitioner bringing to the notice of the respondent authorities about the illegal construction being made in plot No.59 in contravention of the building Rules, the respondent authorities have not taken any action till date and as a result, the unofficial respondents are 2 proceeding with the construction and have, in fact, completed the construction up to six floors, while the permission granted is only for G+2 floors and thus seeks a direction from this Court to the respondent authorities to take necessary action on the complaints made by the petitioner herein.
5. On the other hand, Sri Sampath Prabhakar Reddy, Learned Standing Counsel would submit that the respondent authorities would take into consideration the complaint made by the petitioner and necessary action would be taken thereon, if any such illegal construction is carried out without obtaining valid permissions from the authorities concerned.
6. Having regard to the submissions made as above, since it is claimed that an illegal construction in contravention of building Rules is being carried on in plot No.59, for which the petitioner having approached the respondent authority, in particular the 4th respondent authority, this Court is of the view that the 4th respondent authority can be directed to look into the complaint made by the petitioner on 13.05.2020 and the subsequent complaints and take necessary action against the illegal construction, if any made in plot No.59, by following due process of law. The 4th respondent authority shall take necessary action by causing enquiry and by initiating action thereon within a period of four weeks from the date of receipt of a copy of this order.
7. Subject to the above direction, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
_____________________ T. VINOD KUMAR, J Date: 31.08.2020 MRKR