IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26331 of 2008 Between: A. Suri Babu S/o. Adduri R/o. Sankaram Village, Anakapalli Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The State of A.P. , Rep. by its Principal Secretary Irrigation & C.A.D. Department, Secretariat, Hyderabad. 2 The District Collector, Irrigation Wing Visakhapatnam District, Visakhapatnam. 3 The Superintending Engineer Irrigation & C.A.D. Circle, Visakhapatnam. 4 The Superintending Engineer, Public Health Circle, Visakhapatnam. .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 2nd respondent in considering the petitioner's Representation dt. 3-11-2008 wherein objections had been raised as regards the conversion of Erra Cheruvu Irrigation Tank, situated in SY.No. 51 of Sankaram Village, Anakapalli Mandal, Visakhapatnam District into a Sewage (Waste Water) Treatment Plant, as illegal, and violative of Art. 350 of the Constitution of india and consequently direct the respondents to consider the same and to retain the Erra Cheruvu Irrigation Tank in terms of its Original nature, without converting it for other purposes and pass such other order or orders Counsel for the Petitioner:MR.P.ROY REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26331 of 2008 ORDER: 1 The petitioner who is resident of Sankaram village, Anakapalli Mandal of Visakhapatnam District approached this court and filed the present Writ Petition with the following prayer: For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 2nd respondent in considering the petitioner's Representation dt. 3.11.2008 wherein objections had been raised as regards the conversion of Erra Cheruvu Irrigation Tank, situated in SY.No. 51 of Sankaram Village, Anakapalli Mandal, Visakhapatnam District into a Sewage (Waste Water) Treatment Plant, as illegal, and violative of Art. 350 of the Constitution of India and consequently direct the respondents to consider the same and to retain the Erra Cheruvu Irrigation Tank in terms of its Original nature, without converting it for other purposes and pass such other order or orders may deem fit and proper in the circumstances of the case. 2 Brief facts are that there is an old irrigation source which is known as Yerra Cheruvu in the Sankaram village which commands an Ayacut of about AC.300 and the water spread area situated in Sy.No.51 of the said village covers about aC.3.05 cents and the petitioner is one of the several ayacutdars under the said irrigation tank. Apart from that the petitioner is the Sarpanch of the said gram panchayat. 3 It is further submitted that when the respondents have mooted a proposal to convert the said irrigation source into a Sewage treatment plant the petitioner and others opposed the same and brought to the notice of the authorities saying that it would be disastrous to the ayacut and the irrigation tank as the water gets polluted and the same would be unfit for cultivation as well as for the drinking purpose. Though the petitioner gave a representation to the respondent authorities in his capacity as sarpanch of the village and also as one of the ayacutdars, no action has been initiated by the authorities and hence he approached this court and filed the present Writ Petition. 4 Heard both sides. 5 Having considered the submissions made by the counsel appearing on either side, this court is of the view that without expressing any view as to whether the said proposal mooted out by the authorities in converting the tank into a sewage treatment plant would be detrimental to the interest of the villagers / ayacutdars or not, it is desirable that the authorities be directed to consider the said representation given by the petitioner and others and pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. If ultimately the authorities are in agreement with the views expressed by the petitioner and others, they may drop the said proposal. 6 With the above directions, this Writ Petition is disposed of. No order as to costs. ------------------------- SRI T.G.K, J. 04.08.2009 Kvsn