ORDER :

Heard Sri K. Sakthi Niranjan Guptha, learned Counsel for the Writ Petitioners, Sri S. Vijaya Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Municipal Corporations and Sri Mortha Srinu Babu learned Assistant Government Pleader for Municipal Administration and Urban Development.

2. The present Writ Petition is filed seeking the following relief:

“For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue appropriate Writ, Order or direction, more particularly one in the nature of Writ of MANDAMUS or any other writ by declaring the action of the respondents 2 and 3 in proceeding with the construction of public toilets in front of the petitioners' house bearing D. NO 9-41-31/2, Pitapuram Colony, Revenue Ward 16, Visakhapatnam without considering the representation 25.04.2026 is illegal, arbitrary besides being violative of principles of natural justice and Article 14, 21 of Constitution of India and contrary to the provisions of Andhra Pradesh Municipal Corporation Act, 1955 and consequently direct the respondent authorities more particularly 2 and 3 to not to construct public toilets in front of the petitioners' house and pass such other or orders as this Hon’ble Court deems fit and proper in the interest of justice.”

3. It is the case of the Writ Petitioner that the Site in which the Petitioner has a residential house is a corner plot. While the gate of the Petitioner’s house opens into the by-lane, on the main road side there is an open site of land belonging to the GVMC (Respondent No.2), adjoining the compound wall of the Petitioner’s house. The Respondent Corporation has proposed construction of Public Toilets in the said Site. The Writ Petitioner has raised objections to the construction of Public Toilets on the ground of apprehended loss of hygiene and utility.

4. Sri S. Vijaya Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Municipal Corporations has submitted the Written Instructions furnished by the Zonal Commissioner, GVMC.

5. The relevant portion of the Written Instructions is usefully extracted hereunder:

“In reply to the above relief and contents of the affidavit filed by the petitioners, it is submitted that being the local body which is empowered to provide civic amenities to the entire Visakhapatnam City and for improving sanitation infrastructure across the city, the GVMC entered an agreement with LOTUS INTERNATIONAL, awarding work of construction and maintenance of 12 public toilets under PPP mode. In pursuance of the said agreement, they have already constructed and are maintaining 10 public toilets in the locations Railway Station, RTC Complex, Jail Road, Jagadamba Junction, Collector Office, RK Beach, YMCA, Kancharapalem, NAD Junction and Gajuwaka (Zinc Gate) all are main centers.

For the remaining 2 places at Maddilapalem and Pendurthi, they have addressed a letter dated 10-07-2025 for providing suitable place and give permission for construction. After conducting survey this office has issued permission to them vide its letter in Rc.No.234/2026/ FI/PH Sec/East zone, GVMC dated 31-03-2026, after careful examination of the proposal in the subject matter property and report submitted by the concerned officials, an extent of 76.66 sq.yds (60 ft x 11.6 ft) in S.No.64 part of Maddilapalem Revenue Village, Visakhapatnam was allotted to Lotus International, A social Service Organization for the purpose of construction of Public Toilets at Maddilapalem north side of the existing bus stop nearby Union Bank (Opp. Maddilapalem RTC Bus stand), Visakhapatnam. In that area public toilets are very much necessary since it is very busy place, it is situated opposite to the Maddilapalem Bus Depot and Maddilapalem Bus depot and the said place is belongs to GVMC and it is not causing obstruction to anybody.

It is submitted that the petitioners' contest that the proposed construc