IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 6844 of 2009 Between: Jonnalagadda Guru Murthy, S/o. Subbarayudu, ..... Petitioner AND 1 Municipal Corporation of Rajahmundry, Rep. by its Commissioner, Rajahmundry, East Godavari District. 2 The Health Officer, Municipal Corporation, Rajahmundry, East Godavari District. 3 Rokkam Srinivasa Rao, S/o. Surya Rao, Proprietor, Kiran Traders, H.No. 23-20-27/4, Lalitha Nagar, Rajahmundry, East 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of respondents 1 and 2 on Petitioner representations dated 21-08-2008 and 29-11-2008 submitted for removal of hazardous public nuisance being caused by the 3rd Respondent in Midst of residential locality in Lalitha Nagar of 1st Respondent's Municipal Limits as illegal, irregular, irrational and violative of provisions of Hyderabad Municipal Corporation Act, 1955 and Andhra Pradesh (Andhra Area) Public Health Act, 1939 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 1 and 2 to prevent the 3rd respondent from carrying the iron scrap and glass bottles business in midst of residential locality in Lalitha Nagar of 1st Respondent's Municipal Limits; The petition coming on for hearing upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI M.VIJAY KUMAR, Advocate for the Petitioner and of Sri A.Vishnuvardhan Reddy, S.C. for the respondents 1 and 2 and of Sri K.Venkatesh Advocate for the respondent No.3, the Court made the following: ORDER: The petitioner, in paragraph 3 of his affidavit, would assert that the 3rd respondent was carrying on business in collection of iron scrap, used glass and glass bottles from across the Rajahmundry city and surrounding places; he was stocking and processing such materials in the premises bearing D.No. 23-20-32/11, Lalithanagar in the 1st respondent Municipal Limits; the 3rd respondent had engaged about 20 workers in moulding iron tins and scrap into crushed form of bundles for the convenience of transport; in that process the workmen of the 3rd respondent used to hit iron drums and scrap with heavy hammers from which noise emanated; that noise was spreading to the neighbourhood of about one furlong; the petitioner and his family and neighbours were not able to bear such noise pollution; the respondent was breaking glass bottles into pieces for being packed and transported to purchasers; in the said process broken glass pieces were being spilt every where on the public road and on the neighbouring sites including the petitioner’s site; dust was emanating and there was irritating smell and offensive odors when the chemical material left over in the used bottles was exposed to open air. -2- The petitioner would also state that the 3rd respondent was parking vehicles on the road for loading and unloading purpose; the noise emanating from vehicular movement and throwing of bundles and packages, while loading and unloading, was also causing serious public nuisance. In view of these assertions, I consider it appropriate to call for a report from respondents 1 and 2 with regard the noise pollution levels arising from the business carried out by the 3rd respondent in the shop referred to hereinabove. Respondents 1 and 2 shall monitor the noise levels for a period of one week at different points of time and submit a report to this court on or before 23-04-2010. List the writ petition on 26-04-2010. Sri A. Vishnuvardhan Reddy, learned Standing Counsel for respondents 1 and 2 is present in Court and undertakes to inform respondents 1 and 2 of their obligation under this order. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Commissioner, Municipal Corporation of Rajahmundry, Rajahmundry, East Godavari District. 2 The Health Officer, Municipal Corporation, Rajahmundry, East Godavari District. ( 1 & 2 BY SPEED POST/RPAD) 3 Rokkam Srinivasa Rao, S/o. Surya Rao, Proprietor, Kiran Traders, H.No. 23-20-27/4, Lalitha Nagar, Rajahmundry, East Godavari District. (BY RPAD) 4. One C.C.to Sri M. Vijay Kumar Advocate. (OPUC) 5. One C.C.to Sri A. Vishnuvardhan Reddy, Advocate. (OPUC) 6. one C.C.to Sri K.Venkatesh Advocate. (OPUC) 7. one spare copy. HIGH COURT RR.J DATED 8-04-2010 LIST THE W.P. ON 26-04-2010 ORDER W.P.NO. 6844 OF 2009 DIRECTION Bsr Dt. 9-4-2010 HIGH COURT RR.J DATED 8-04-2010 LIST THE W.P. ON 26-04-2010 ORDER W.P.NO. 6844 OF 2009 DIRECTION