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2004 Supreme(AP) 189

L.NARASIMHA REDDY
Abdul Wahab – Appellant
Versus
Municipal Corporation of Vijayawada – Respondent


L. NARASIMHA REDDY, J.

( 1 ) THE petitioner in W. P. No. 24399 of 2002, is the owner and resident of the premises bearing No. 29-8-42, Chiluku Durgaiah street Suryaraopet, Vijayawada. He seeks a writ of mandamus against the Municipal corporation, Vijayawada i. e. , the first respondent herein, directing it not to permit the 2nd respondent namely, to open psychiatric Nursing Home (for short nursing Home) in the neighboring premises 29-8-41/1 in the same street. According to him, the second respondent obtained a permission to construct residential premises, and in deviation of the same, he has constructed first and second floors, and thereafter established a Nursing home, in contravention of the provisions of the hyderabad Municipal Corporations Act (hereinafter referred to act ), as extended to vijayawada Municipal Corporation, and of the Mental Health Act 1987 and the rules made there under.

( 2 ) THE second respondent was issued as many as three notices by the first respondent raising objections to the deviations made while constructing the said premises. He filed W. P. No. 19068 of 2002 challenging the final notice dated 24-7-2002 issued under section 636 of the Act.

( 3 ) SINCE








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