HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.9166 of 2010 Dated: 14-09-2010 Between: Gudimetla Bapireddy & Others …Petitioners AND The District Collector, West Godavari District, Eluru & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.9166 of 2010 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) Petitioners, four in number, who are residents of Pentapadu Village filed this writ petition in the form of public interest complaining inaction on the part of respondents 1 to 3 in considering the representation made by them on 29.3.2010 for stopping the illegal construction being carried on by the fourth respondent by the Western side to the Oora tank (a tank being used for drinking water) namely, septic latrine and bathroom and leaving the sewerage lane into the said tank. It is contended that under Sections 81 and 82 it is the duty of the third respondent to see public safety, convenience and health by prohibiting using the places so set apart for purposes of other than those notified. Fourth respondent filed a counter affidavit stating that the property in which the building is constructed by him was purchased by his father under a registered sale deed, dated 4.8.1969 and in the partition effected between himself and his brother, the property in question is fell to his share. Later, he obtained permission from the Gram Panchayat on 25.5.2010. He denied causing of any pollution to the Oora tank by constructing the bathroom and latrine and making the outlet from the bathroom and latrine towards the Oora tank. He specifically stated that the building constructed by him is nearly 10 feet away from the tank and the latrine was constructed on the other side of the building i.e. towards road side. It is stated that the writ petitioners filed a suit in O.S.No.157 of 2010 on the file of Junior Civil Judge, Tadepaligudem for mandatory injunction and I.A.No.987 of 2010 for temporary injunction against the fourth respondent and other government officials including the gram panchayat and having failed to obtain necessary orders in the said suit, they got filed the present writ petition in the form of public interest litigation, which cannot be entertained. Since the petitioners already made a representation to the respondents 1 to 3 on 29.3.2010, they are under obligation to consider the said representation and pass appropriate orders therein and communicate the same to the petitioners. Further when the civil suit has already been filed for the above purpose in the representative capacity by some of the villagers, the petitioners are at liberty to implead themselves in the said suit to support their contention and can lead evidence establishing the pollution being caused to the Oora tank water. Accordingly, the writ petition is disposed of directing the respondents 1 to 3 to dispose of the representation said to have been made by the petitioners, dated 29.3.2010 within four weeks from the date of receipt of a copy of this order and communicate the orders so passed thereon, to the petitioners. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ SEPTEMBER 14, 2010 RAJA ELANGO, J. Tsr.