IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE :PRESENT: THE HON'BLE THE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO : 21542 of 2007 Between: Thondepu Venkat Appa Rao, S/o. Late Seetaramanjaneyulu, ..... Petitioner AND 1 The Commissioner of Police, Vijayawada City, Krishna District. 2 Andhra Pradesh Pollution Control Board, Rep. by its Environmental Engineer, Regional Office, Vijaywada, Krishna District. 3 The Municipal Corporation of Vijayawada, Rep. by its Commissioner, Vijayawada, Krishna District. 4 M/s. Laxmi Ganapati Timber Depot & Saw Mill, Rep. by its Proprietor Y. Adinarayana, Seetharampuram, Vijayawada, Krishna 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 may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 3 in not initiating preventive action against the 4th respondent from causing sound and air pollution in spite of a complaint registered in M.C.No. 3 of 2005 on the file of the 1st respondent is illegal, irregular, violative of provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Rules framed there under, and offends Articles 14 and 21 of the Constitution of India and consequently direct the respondents 1 to 3 to take preventive action against 4th respondent from causing sound air pollution by removing Timber Depot and Saw Mill from residential locality; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI NIMMAGADDA SATYANARAYANA, Advocate for the Petitioner and of the Govt. Pleader for Home for the respondent No.1, and of Sri S. Murthy S.C. for Pollution Control Board for the respondent No.2, and of Smt. G. Thansi S.C. for MCV for the respondent No.3 and of Sri M.N. Narasimha Reddy Advocate for the respondent No. 4, the Court made the following: ORDER: The learned Government Pleader for Home prays for time so as to enable respondent No.1 –the Commissioner of Police, Vijayawada City to carry out necessary test so as to ascertain whether the allegations with regard to pollution caused by respondent No. 4 are correct. Respondent No.1 shall do the needful and shall submit his report before this Court within two weeks from today. Stand over to 29-07-2009. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Commissioner of Police, Vijayawada City, Krishna District. 2 The Environmental Engineer, Andhra Pradesh Pollution Control Board, Regional Office, Vijaywada, Krishna District. 3 The Commissioner, Municipal Corporation of Vijayawada, Vijayawada, Krishna District. 4 Y.Adinarayana, Proprietor M/s. Laxmi Ganapati Timber Depot & Saw Mill, Seetharampuram, Vijayawada, Krishna District. ( 1 to 4 by RPAD) 5. 2 CCs to the G.P. for Home, High court of A.P.Hyd. (O.UT) 6. one C.C.to Sri Nimmagadda Satyanarayana Advocate. (OPUC) 7. 2 spare copies. HIGH COURT HCJ & RSR.J ATED 15-07-2009 STAND OVER TO 29-07-2009 ORDER W.P.NO. 21542 OF 2007 DIRECTION Bsr Dt. 17-7-2009 HIGH COURT HCJ & RSR.J ATED 15-07-2009 STAND OVER TO 29-07-2009 ORDER W.P.NO. 21542 OF 2007 DIRECTION