THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.22001 of 2008 ORDER: Petitioners 2 to 4 are the sons of the 1st petitioner. Their family established an oil rotary and flour mill way back in the year 1971 in Santhanuthalapadu Village, Prakasam District. It is being operated with the help of 7.5 H.P. electric motor. The Director of Town Planning and the Gram Panchayat have accorded permissions and they are being renewed from time to time. Respondents 3 and 4, the neighbours of the mill, submitted complaints to the District Medical and Health Officer, 1st respondent herein on 27.12.2007. The 1st respondent caused inspection of the mill through Health Extension Officer. On the basis of the reports dated 21st and 29th of May 2008, the 1st respondent passed an order dated 24.07.2008 directing that the mill be closed immediately. The petitioners feel aggrieved by the same. Heard Sri V.V.Narasimha Rao, learned counsel for the petitioners, learned Government Pleader for Medical and Health, Sri O.Manohar Reddy, learned counsel for respondent No.2 and Sri Nimmagadda Satyanarayana, learned counsel for respondents 3 and 4. The 1st respondent passed the impugned order, dated 24.07.2008 directing that the oil rotary and flour mill established by the petitioners must be closed. He has indicated various grounds in the order, which are totally irrelevant. For example, he observed that the mill is with spider nests, dust and other waste material, and that it is not working since some months. The 1st respondent can examine the matter in relation to the establishment or running of a mill of this nature or entertain complaints from the aggrieved parties, if only he is conferred with the power under any statute or any law. Nowhere in the impugned order, he has mentioned the source of his power. Further, the Sarpanch of the Village submitted a report on 27.06.2008 to the 1st respondent. He has categorically mentioned that the mill is covered by the permissions accorded by the Town Planning Department and Gram Panchayat and that it is functioning since 1971. The same was not at all taken into account. The order passed by the 1st respondent is totally without jurisdiction. The writ petition is accordingly allowed and the impugned order is set aside. There shall be no order as to costs. _________ 23.01.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.22001 of 2008 Date: 23.01.2009 JSU