IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5736 of 2008 Between: Gopisetti Sumitha, W/o.Srinivasu, R/o.Goteru Village,Iragavaram Mandal, West Godavari District. ....Petitioner And 1. The Director of Pollution Control Board, Hyderabad. 2. The District Collector, West Godavari District,Eluru. 3. The District Medical and Health Officer, Eluru,West Godavari District. 4. Inspector of Factories, Eluru,West Godavari District, 5. Iragavaram Panchayat, rep by its Secretary,West Godavari District. 6. Pindi Krishna Murthy, S/o.Narasimha Swamy, R/o.Arjunudupalem, Iragavaram Mandal,West Godavari District. ....Respondents 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 issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 6th respondent in trying to install the machinery in the paddy godown situated as Iragavaram Village and Mandal, West Godavri District, without following the due process of law is illegal, arbitrary, against to the principles of natural justice and consequently direct the respondents 1 to 5 to take action against the respondent No.6 as per representation submitted by the petitioner dated 17.04.2006. Counsel for the petitioner : Sri Rama Mohan Palanki Counsel for respondent No.1 : Sri Y. Srinivasa Murthy Counsel for respondent No.2 : Government Pleader for Revenue The Court made the following: ORDER: (per Anil R. Dave, C.J.) In this petition it has been alleged that respondent No.6 is likely to establish a rice mill near the agricultural ﬁelds of the petitioner and establishment of raw rice mill is likely to create air pollution as well as noise. Learned Advocate, Sri Y. Srinivasa Murthy, appearing for respondent No.1 Pollution Control Board has appeared and has placed on record a copy of the report submitted by the Environmental Engineer to the Joint Chief Environmental Engineer (Legal). Upon perusal of the report, it appears that the apprehension voiced in the petition is correct. Learned Advocate, Sri Y. Srinivasa Murthy, appearing for respondent No.1 Board has submitted that a copy of the report shall be forwarded to the District Industries Centre, West Godavari District, Eluru, who has to give necessary permission to respondent No.6 for the purpose of establishment of raw rice mill. Respondent No.1 shall instruct the District Industries Centre to look into the said report and take appropriate action after hearing respondent No.6 as well as the petitioner, if necessary. Subject to the above direction, the petition stands disposed of. ANIL R. DAVE, C.J. 22nd August, 2008 VILAS V. AFZULPURKAR, J. ........REGISTRAR To 1. The Director of Pollution Control Board, Hyderabad. 2. The District Collector, West Godavari District,Eluru. 3. The District Medical and Health Officer, Eluru,West Godavari District. 4. The Inspector of Factories, Eluru,West Godavari District, 5. The Secretary, Iragavaram Panchayat, West Godavari District. 6. Two copies to the Govt. Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 7. Two copies to the Govt. Pleader for Medical, Health and Family Welfare, High Court Buildings, Hyderabad (OUT). 8. Two C.D. copies. ARS