Municipal authorities have a mandatory duty under town planning and municipal laws to timely examine and act upon complaints of unauthorized or illegal construction, ensuring strict adherence to sanctioned building plans and urban regulations.

ORDER:

This writ petition is filed questioning the action of respondent No.2 in not taking any action in pursuance to the Notice No.MCK/G1/49/2025 dated 10.03.2026 by way of causing demolition of the illegal commercial/industrial construction made by the 3rd respondent in violation of the building permission granted by the 2nd respondent in proceedings No.035869/KAGH/0054/IABP/2026 dated 10.01.2026 which was given only for residential construction as being arbitrary, unreasonable and illegal. A consequential prayer is sought to direct respondent No.2 to take necessary action against 3rd respondent for demolition of the illegal, commercial/industrial construction made by 3rd respondent in violation of the sanctioned building permission.

Brief facts of the case as stated are that the respondent No.3 has recently erected an iron shed abutting the petitioner residential house and upon enquiry, the petitioner came to know that the shed has been constructed for establishing an industry for cutting of iron sheets by installing heavy machinery. It is further submitted that the 3rd respondent has obtained building permission dated 12.01.2026 from the Municipality for construction of an individual residential building consisting of ground floor but, the respondent No.3 is carrying on construction involving heavy machinery which is commercial/industrial in nature. Aggrieved by the action of respondent No.3, the petitioner made representation to the 2nd respondent regarding illegal construction of respondent No.3 abutting the petitioner’s residential house. It is submitted that pursuant to the representation of the petitioner, a notice dated 10.03.2026 has been issued to the respondent No.3 calling upon to submit building permission and other concerned documents for verification and a written explanation regarding the said construction within (07) days of receipt of the said notice. But even after lapse of said (07) days period, respondent authorities have not acted upon the alleged illegal construction being carried out by respondent No.3. As such, the present writ petition is filed.

Learned counsel for the petitioners submits that pursuant to the representation/complaint of the petitioner, a notice dated 10.03.2026 was issued to the respondent No.3 calling upon to submit building permission and other concerned documents for verification and a written explanation regarding the said construction within (07) days of receipt of the said notice. But, after lapse of said (07) days period, respondent authorities have not initiated any further action. Learned counsel for the petitioner further submits that the building permission and work commencement letter was given for construction of individual residential building consisting of ground floor to an extent of 418.05 square meters. Learned counsel for the petitioner draws attention of this Court to the photographs filed in the writ petition and would submit that the construction appears to be commercial in nature and that there are absolutely no set backs in the photographs annexed and seeks a direction to the respondent authorities to initiate further course of action pursuant to the issuance of notice dated 10.03.2026 on the illegal construction being carried out by respondent No.3 and take action in a time bound period.

On the other hand, Mr. P.Krishna Reddy, learned Standing Counsel for Municipalities appearing on behalf of respondent No.2 would submit that a notice has already been issued to respondent No.3 pursuant to the petitioner’s representation and appropriate action would be taken in due course of time.

Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent No.2 and perused the material made available on the record.

Since this Court, time and again, directed the Municipal Authorities to initiate action against the illegal constructions by following due process of law, it is noticed that the authorities are failing to initiate action against t