RAMESH RANGANATHAN, J.

1. This Writ Petition is filed in Public Interest seeking a mandamus to declare the action of respondents 1 to 6 in not initiating action for removing the illegal and unauthorized construction of compound walls and gates by the 7th respondent, closing public access to the roads in the layout in R.S. No.498/2(P), 498/3(P), 499/1 & 2, 510/3A, 511(P), 518/1B & 2, 502/1&2 dated 31.01.2004 of Gollapudi village, Vijayawada Rural Mandal, Krishna District, surrendered to the 5th respondent-gram panchayat through registered gift deed dated 08.04.2011, and in not removing the illegal construction made by the 7th respondent in the lay out open space, as illegal, arbitrary and unconstitutional. A consequential direction is sought to respondents 1 to 6 to remove the constructed walls and gates which had resulted in public access to the layout roads being closed, and to remove the illegal constructions made by the 7th respondent in the layout open spaces.

2. Facts, to the limited extent necessary, are that the 7th respondent society purchased Ac.29.4 cts in different survey numbers of Gollapudi village, Vijayawada Rural Mandal, Krishna District, and applied to the then Vijayawada Guntur Tenali and Mangalagiri Urban Development Authority for grant of permission to construct a row shopping complex, consisting of ground and first floor in the said land, and permission was accorded vide proceedings dated 31.01.2004. This complex was named as the Mahatma Gandhi Wholesale Commercial Complex, with each shop of a plinth area of 934 square feet in the plot area of 149.33 square yards. An extent of Ac.2.90 cts was earmarked for open spaces, and Ac.2.40 cts for parking. The 7th respondent gifted all the layouts roads and open places, vide registered gift deed No.1555 of 2011 dated 06.04.2011, to the 5th respondent Gollapudi Grampanchayat for public use. Consequently, all roads and open places in the 7th respondent shopping complex stood vested in the 5th respondent as its absolute custodian, and was meant for public use of ingress and egress. Thereafter the 7th respondent constructed compound walls and gates closing all public roads, restricting access of the general public to the layout roads. In addition a building was constructed, in one of the open public places, for commercial use.

3. The petitioner, an elected member of Ward No.13 of Gollapudi Grampanchayat, claims to be actively involved in undertaking development activities in the subject village, and to be in the forefront in putting forth public grievances before the authorities concerned. He also claims not to have any personal interest in the matter, and that the Writ Petition is filed only in the interest of the people of Gollapudi village, the general public, and people residing in surrounding colonies of Mahatma Gandhi Wholesale Commercial Complex. The petitioner alleges that a second floor was illegally constructed over the permitted ground and first floor; the general public was facing inconvenience because of closure of these roads; despite higher officials having directed the 5th respondent several times to remove the walls and gates, they have not removed them so far; and removal of the walls and gates erected by the 7th respondent, closing public access to the layout roads vested in the 5th respondent, was necessary to prevent misuse of public roads and open spaces in the layout.

4. While alleging that the 7th respondent and its members had constructed the shops in the complex in gross violation of the sanctioned plan, and they had not left the parking space as shown in the layout, the petitioner submits that the lay out was granted with 40 feet and 30 feet wide main roads, and 20 feet wide internal roads between the shops; however the shops were constructed, on the boundary of the layout, without maintaining the open space earmarked in the sanctioned layout; the subject sanctioned layout is surrounded by three colonies which had developed long ago; after