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 GODA RAGHURAM and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 13194 of 2009 Between: Simhadri Satyanarayana Rao S/o.late Sri Ramakrishnaiah R/o.Avanigadda, Krishna District. ..... PETITIONER AND 1 Government of Andhra Pradesh, represented by its Secretary (Panchayat Raj & Rural Development) Secretariat Buildings, Hyderabad. 2 District Collector, Krishna at Machilipatnam. 3 District Panchayat Officer, Krishna at Machilipatnam. 4 Environmental Engineer, A.P. Pollution Control Board, Regional Office: Vijayawada, Krishna District. 5 Panchayat Secretary, Avanigadda Gram Panchayat, Avanigadda, Krishna District. .....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 Mandamus declaring the action of the Respondents in not preventing the pollution of water and atmosphere in and around the tank of Chakali Vari Cheruvu near Gandhi Kshethram of Avanigadda Gram Panchayat, Krishna District as illegal and arbitrary and violative of Article 21 of the Constitution of India and consequently direct the Respondents to take necessary steps for prevention of water and air pollution in the locality of the said tank and pass. Counsel for the Petitioner:MR.RAVI KONDAVEETI Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : Form-NIC-OGS/WP{KURR} THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 13194 of 2009 ORDER: (per THE HON'BLE SRI JUSTICE GODA RAGHURAM) Heard Sri Ravi Kondaveeti, learned counsel for the petitioner and the Learned Government Pleader for Panchayat Raj. The singular grievance in this writ petition is as to the inaction of the respondents in preventing pollution of water and air around a tank known as ‘Chakali Vari Cheruvu’ of Avanigadda Gram Panchayat, Krishna District. It is alleged that on account of waste water and drainage effluents being allowed to flow into the tank there is pollution and mal odour emanating from the tank, on account of which the neighbouring inhabitants are prejudiced. Despite several representations from the locality, the respondents have not acted. The Panchayat Secretary of Avanigadda Gram Panchayat – the 5th respondent has filed counter affidavit stating that earlier there was a drainage water flow into the tank, but on instructions from higher authorities, the drainage water has now been diverted into a drain channel with the financial help provided by a private educational institution - Pragathi School by removing the silt in the drainage canal. According to the answering respondents, the Gram Panchayat has also carried out sanitation work by applying bleaching powder and calcium in the tank. Now there is no pollution, no chance of pollution in future and no mal odor is the emphatic assertion in the counter affidavit. In the light of the averments in the counter affidavit, the petitioner’s grievance is assuaged and no further proceedings are necessary. The writ petition is dismissed as infructuous. No order as to costs. _____________________ GODA RAGHURAM,J __________________________ RAMESH RANGANATHAN,J Date:4-8-2009 ASP