P. Muniswamy, v. The Greater Visakha Municipal Corporation
WP/35797/2013 · 2025-01-24
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34369 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34369 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35797 OF 2013 Between:
1. P. Muniswamy, S/o. Chinnaiah, aged 63 years, R/o. H.No.65-1-4/A, Srinivas Nagar, Sriharipuam, Visakhapatnam(Urban). 2. B.Rajamani, W/o. Late Krishna Rao, aged 60 years, R/o. H.No.65-1-4, Srinivas Nagar, Sriharipuam, Visakhapatnam(Urban). 3. Gara Pushpaveni, W/o. Vishnu Murthy, aged 66 years, R/o. H.No.65-1- 4C, Srinivas Nagar, Sriharipuam, Visakhapatnam(Urban). ...Petitioners AND
1. The Greater Visakha Municipal Corporation, Rep. by its Commissioner, -^Visakhapatnam. 2. Th^^nal Commissioner, IV Zone, Greater Visakha Municipal Corporation, Sriharipuram, Visakhapatnam. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents in demolish the part of the houses of the petitioners and further action in contemplating to demolish the houses of petitioners bearing Door. Nos. 65-1-4A, 65-1-4C, 65-1-4 situated in Gollalapalem, Visakhapatnam as highly illegal, arbitrary and violative of Article 14 and 21 of Constitution of India apart from provisions of Municipal CorporationAct. LA. NO: 1 OF 2017(WPMP. NO: 47157 OF 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to demolish any structure of the petitioners houses with Door No.s 63-1-4A, 65-1-4C, 65-1-4, situated in Gollapalem, Visakhapatnam pending disposal of the present W.P. No. 35797/2013 on the file of the High Court. LA. NO: 1 OF 2013rWPMP. NO: 44520 OF 2013) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents not to demolish any structure of the petitioners houses with Door Nos. 65-1-4A, 65-1-4C, 65-1-4 situated in Gollalapalem, Visakhapatnam pending disposal of the above writ petition and to pass Counsel for the Petitioners: SRI G V SHIVAJI Counsel for the Respondents: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)-26141 /AP/1393/1999.
The Court made the following: ORDER
1 APHC010529992013 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PFTITION NO: 35797/2013 IN [3333] 0ii?0 0??. Between: P. Muniswamy, and Others ...PETITIONER(S) AND Greater Visakha Municipal Corporation and Others Counsel for the Petitioner(S);
1.G V SHIVAJI ...RESPONDENT(S) The Counsel for the Respondent(S):
1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)- 26141/AP/1393/1999. The Court made the following;
2
ORDER: This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India seeking Mandamus, for the following relief;
“...to issue a writ, order or direction more particulariy one in the nature of writ of mandamus declaring the impugned action of the respondents in demolish the part of the houses of the petitioners and further action in contemplating to demolish the houses of petitioners bearing Door Nos.65-1-4A, 65-1-4C, 65-1-4 situated in Gollalapalem, Visakhapatnam as highly illegal, arbitrary and violative of Article 14 and 21 of Constitution of India apart from provisions of Municipal Corporation Act...” Today when the matter came up for hearing, learned counsel for the petitioners has submitted that the scheduled property was not in a habitable condition and has, in fact, been demolished by the respondents. He further submits that the petitioners intend to submit a fresh application seeking building permission for construction of new building in the said vacant land.
2. Recording the said submission, the Writ Petition is closed. However, the petitioners are at liberty to submit an application seeking building permission to the extent of the schedule property. No order as to costs.
3. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed.
SOI- G HELA NAIDU assistant^registrar Officer //TRUE COPY// SEC To, 1 One CC to SRI G V SHIVAJI Advocate [OPUC]
2. One CC to SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)-26141/AP/1393/1999 Advocate [OPUC]
3. Three CD Copies VAK
HIGH COURT DATED:24/01/2025
ORDER WP No.35797 of 2013 CLOSING THE WP WITHOUT COSTS