IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 15864 of 2008 Between: M. Premnath, S/o. Yellappa, H.No. 7-41, Main Bazar, Kodumur (Village and Mandal), Kurnool District. ..... PETITIONER AND 1The State of Andhra Pradesh, Rep by its Chief Secretary, A.P. Secretariat, Hyderabad. 2District Collector, Kurnool District, Kurnool. 3Superintendent of Police, Kurnool District, Kurnool. 4Commissioenr of Agriculture, Near LB Stadium, Basheerabagh, Hyderabad. 5Joint Director of Agriculture, Collector Office Complex, Kurnool. 6TV 9 Electronic Media, Rep by it's Chief Exeucutive Officer, Plot No. 97, Road No. 3, Banjara Hills, Hyderabad. 7N. Guru Raja Rao, S/o. N. Narayana Rao, M/s. Sree Saraswathi Chemicals, H.No. 45/74, Sri Krishna Colony, Ashok Nagar, Kurnool. 8P.L.K. Prasad, S/o. Venkata Swamy, M/s. Sree Saraswathi Chemicals, H.No. 31, S.B.I. Colony, Kurnool. 9G. Kiran Kumar, S/o. G. Vijayudu, M/s. Sree Saraswathi Chemicals, H.No. 87/522-1, Madhavi Nagar, Kurnool. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any writ order or direction more particularly a writ in the nature of mandamus declaring the action of the official respondents in keeping quite without taking appropriate legal action against the Respondents 7 to 9 over the incident exposed by 6th Respondent regarding illegal manufacturing of Chemical Fertilisers and Micro Nutrients such as Sulphate of Potash and Zinc etc., without any valid Manufacturing license and not taking up prosecution as illegal, arbitrary and violation of Art. 14, 19 (1) (g),21 and 38 of Constitution of India and consequently by directing the respondents 1 to 4 to forthwith initiate legal steps and conduct enquiry into the illegally manufacturing of Chemical Fertilisers and Micro Nutrients such as Sulphate of Potash and Zinc etc., by Respondents 7 to 9 as exposed and telecasted in 6th respondents News Channel and seize the Factory and Godowns premises of Respondents 7 to 9 and prosecute them as per law and to pass Counsel for the Petitioner:MR.J.U.M.V.PRASAD Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following : ORDER: (Per Anil R. Dave, CJ) In our opinion, the respondents-authorities have already initiated action against respondent Nos. 7, 8 and 9 and, therefore, this petition would not survive. In this public interest litigation, it has been alleged that respondent Nos. 7, 8 and 9 are manufacturing objectionable chemical fertilizers. Even before issuance of notice, the learned Government Pleader has appeared and has stated that the objectionable chemical fertilizers have been seized on 9-7-2008 and a show-cause notice hass already been issued to M/s Saraswathi Chemicals, Kurnool, which is alleged to have been manufacturing objectionable chemical fertilizers. In view of the above facts, in our opinion, this petition does not survive and the same is dismissed with no order as to costs. ______________________ ANIL R. DAVE, CJ 23rd July, 2008. _________________________ R. SUBHASH REDDY, J GRR