HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.13508 of 2008 Date: November 29, 2011 Between: U.Varalakshmi, W/o.Venkaiah … Petitioner And The District Collector, Nellore, Nellore District and others … Respondents Order: This writ petition is ﬁled seeking mandamus declaring the action of the 4th respondent-Municipality in dumping waste material into the pond by name Annarajugunta pond, covered by Sy.No.545 in an extent of Ac.7.00 cents, situated in Tagetivaripalem village, Kavali Mandal, Nellore District as illegal and arbitrary. It is the case of the petitioner that she is a permanent resident of Alliguntapalem village and was the Sarpanch of Saryavapalem Gram Panchayat. There is a natural pond in an extent of Ac.7.00 cents in Sy.No.545 of Tagetivaripalem village, Kavali Mandal and the water from the said pond is being used by the villagers for washing their animals and death ceremonies are being conducted on the bank of the said pond. It is her grievance that though the said pond is a natural one, 4th respondent herein started using the same for dumping waste material as a result of which foul is emanating and also damaging the ecological balance. At the stage of admission, interim directions were issued to the respondents to see that no waste material is dumped into the pond in question. The said order continued all-along. Though the writ petition is of the year 2008, no counter-aﬃdavit is ﬁled on behalf of respondents 1 to 3. Counter-aﬃdavit is ﬁled on behalf of the 4th respondent-Municipality. In the counter-aﬃdavit, it is admitted that there is a pond covered by Sy.No.545 admeasuring Ac.7.00 cents, situated in Tagetivaripalem village. It is stated that the Municipality has started using the said pond for dumping waste material in view of the allotment made by the District Collector in an extent of Ac.3.39 cents in Sy.No.545, which is located at a distance of 2 kms. from Kavli town. Once it is admitted that the land in Sy.No.545 is covered by a natural pond, it is not known why the same was allotted to the 4th respondent-Municipality for dumping waste material. Time and again the Apex Court and this Court issued directions to the authorities for preserving natural reservoirs, tanks etc. As it is admitted in the counter-aﬃdavit that the land in Sy.No.545 is covered by natural pond, by name Annarajugunta pond, I deem it appropriate to dispose of the writ petition directing the respondents to see that no waste material is dumped in the said pond admeasuring Ac.7.00 cents covered by Sy.No.545 of Tagetivaripalem village, Kavali Mandal, Nellore District. However, it is made clear that if no area is available for the 4th respondent to dump the waste material, it is open to the 4th respondent to make an application to the authorities concerned for allotment of suitable site. Writ petition is accordingly disposed of. No costs. _____________________ (R.SUBHASH REDDY, J) November 29, 2011 MRR