IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 811 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23/01/2009 in WP NO : 22001 OF 2008 on the file of the High Court.) Between: 1) Matta Srinvasa Rao S/o.M.Venkata Nageshwara Rao Santhanuthalapadu(V&M) Prakasam District 2) M.V.Subrahmanyam S/o. Radhakrishna Murthy Santhanuthalapadu(V&M) Prakasam District ..... APPELLANTS AND 1 T.Narasimham S/o.Venkatrama Setty Santhanuthalapadu(V&M) Prakasam District 2 T.Venkatrama Setty S/o. Narasimham,Hindu Santhanuthalapadu(V&M) Prakasam District 3 T.Srirama Murthy S/o. Narasimham,Hindu Santhanuthalapadu(V&M) Prakasam District 4 T.Hari Prasad Rao S/o. Narasimham,Hindu Santhanuthalapadu(V&M) Prakasam District 5 The District Medical & Health Officer Prakasam District 6 The Assistant Engineer-Operation A.P.Southern Power Distribution Co.Ltd Santhanuthalapadu(V&M) Prakasam District .....RESPONDENTS Counsel for the Appellant: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Division Bench of this Court made the following : Judgment follows 2nd page THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 811 of 2009. J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meenakumari) The writ appeal is filed against order dated 23-1-2009 passed in WP.No. 22001 of 2008 by the learned single Judge, whereby the learned single Judge allowed the writ petition and set aside the impugned order. 2. The main writ petition was filed seeking mandamus and to call for records relating to the Proceedings of the first respondent bearing Rc.No. 165/Epidemic Cell/2008, dated 24-7-2008 and set aside the same by declaring it as illegal and contrary to law and in consequence thereof to direct the first respondent not to obstruct the writ petitioners in running the Oil Rotary and Flour Mill situated in H.No. 4/3, Mandiram Street, Santhanuthalapadu (V & M), Prakasam district. 3. The facts of the case are that in the year 1971 the writ petitioners family established an Oil Rotary and Flour Mill in Santhanuthalapadu village of Prakasam district. The said mill is being operated with the help of 7.5 HP electric motor. The Director of Town Planning and the Gram Panchayat have accorded permissions and they are being renewed from time to time. The appellants herein, who are the respondent Nos.3 and 4 in the writ petition are the neighbours of the mill submitted complaints to the District Medical and Health Officer, who is the fifth respondent herein on 27-12-2007. Thereafter, the District Medical and Health Officer through Health Extension Officer caused inspection of the said mill. Pursuant to the reports dated 21-5-2008 and 29-5-2008 respectively and after calling for the objections from the objections, the District Medical and Health Officer passed the impugned proceedings dated 24-7-2008 under the Andhra Pradesh Public Health Act, directing that the mill be closed immediately. Aggrieved by the impugned proceedings dated 24-7- 2008 of the District Medical and Health Officer, the above writ petition was filed. 4. But however, the learned single Judge after hearing both sides observed that the District Medical and Health Officer through the Health Extension Officer has caused inspection when the complaint is submitted in 2007 and also passed interim order directing to close down the mill. It is also observed that as per the report of the sarpanch of the village dated 27-6-2008 to the District Medical and Health Officer it is categorically stated that the mill is covered by the permissions accorded by the Town Planning Department and Gram Panchayat and it is functioning since 1971. Under the above circumstances, there is no other complaint but the learned counsel for the appellants argued that the mill is causing lot of health hazards by causing nuisance and dust is emanating. The fact remains that there is no other material placed by the appellants except one or two complaints made before the concerned authorities. As observed by the learned single Judge that the said mill is covered by the permission granted by the Town Planning Department and Gram Panchayat and it is functioning since 1971. 5. Under the above circumstances, we are not inclined to interfere with the order of the learned single Judge. Accordingly, the writ appeal is dismissed. No costs. ______________________ JUSTICE T.MEENA KUMARI ____________________ JUSTICE SANJAY KUMAR 22-6-2009. I s L