IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30605 of 2010 Between: N.A.V. Krishnaram ..... Petitioner AND Govt., of A.P., rep., by its Director, Panchayat Officer, East Godvari District, Kakinada & others. .....Respondents Counsel for the petitioner: Sri T.V.S. Prabhakar Rao Counsel for respondents 1&2: AGP for Panchayat Raj Counsel for respondent No.3: Sri G. Elisha The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30605 of 2010 ORDER: This Writ Petition is filed for a Mandamus to declare the inaction of respondent No.3 in taking steps for removal of obstruction to the free flow of drain water through the major drain passing from Sri Bikkina Venkat Rao’s house to Aakasasthambham Street, Ramalayam, Kattamuru Village, Peddapuram Mandal, East Godavari District, as illegal and arbitrary. I have heard Sri T.V.S. Prabhakar Rao, learned counsel for the petitioner and the learned Standing counsel representing respondent No.3. The petitioner is a resident of Kattamuru Village, Peddapuram Mandal, East Godavari District. It is his pleaded case that there is a major drain on the eastern side of his house passing from Sri Bikkini Venkat Rao’s house to Aakasasthambham Street, Ramalayam and finally joining the main drain canal called Yeleru Murugu Drain, that the sewage and drain water discharged by all the houses on either side of the road have been connected to the said drain and that the said drain is in existence for more than 85 years. The petitioner further pleaded that certain third parties have unauthorizedly blocked the said drain in the month of September 2009 by covering the same with red gravel as a result of which the drainage got blocked preventing free flow of drain water causing health hazards, that on the complaints sent by the petitioner and other villagers, respondent No.1 issued memo dated 08.04.2010 directing respondent No.3 to take necessary action and that respondent No.3 in turn passed resolution dated 20.04.2010 resolving to issue a notice to the persons, who are responsible for unlawfully closing the drain. The petitioner felt aggrieved by the inaction of respondent No.3 in pursuing the matter further and ensuring that the blockage of drain is removed. In the counter affidavit filed by the Panchayat Secretary of respondent No.3, the abovementioned facts have been admitted. It is further stated that on the complaint of the petitioner, he has visited the area and requested Sri N.K. Satyaprasad, who is responsible for causing obstruction, to remove the mud from the drainage, that as the said person did not heed to the said request, the Gram Panchayat has passed an unanimous resolution for removal of the obstruction and that in pursuance thereof, a notice was issued to Sri N.K. Satyaprasad to which a reply was given by him stating that the drainage is passing through his land. It is further stated that though respondent No.3 is trying its best to restore the drainage, the said Satyaprasad has became a hurdle and has not been allowing anybody to enter the land in dispute. In my opinion, the responsibility lies on respondent No.3 to ensure that the drainages within its jurisdiction are maintained in a proper condition to prevent health hazards being caused to the residents. Just by giving a notice, respondent No.3 cannot become complacent. If any person has blocked the public drainage in an illegal manner, respondent No.3 is bound to exercise its powers under Section 131 (2) of the A.P. Panchayat Raj Act, 1994. Accordingly, respondent No.3 is directed to take all such measures as are required for clearing the blockage in the drainage by following the procedure contemplated under the abovementioned provision, within a period of one month from the date of receipt of the order. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.38971 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 08.02.2011 ES