THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.27075 OF 2001 O R D E R This writ petition is filed for a writ of mandamus directing the official respondents 2 to 4 not to permit the un-official respondents 5 to 9 to do the prawn culture in SyNos.164/2, 164/3, 164/5, 165, 166/1B, 166/2B, 485, 486 and 581 situate at Bavajipalem Village, Nizampatnam Mandal, Gutur District. 2. The case of the petitioner in the affidavit filed in support of the writ petition is that he is an ex-serviceman and president of the Village Anjuman Committee and that the population of their village is about 4000 and one member in each family is working in the Indian Army and due to non availability of drinking water in their village, the officials of the Military Engineering Group of Bangalore, with the help of military officials, established drinking water project in their village. His grievance is that the official respondents 5 to 9 are doing prawn culture near to the drinking water bore wells in SyNos.164/2, 164/3, 164/5, 165, 166/1B, 166/2B, 485, 486 and 581 situate at Bavajipalem Village, Nizampatnam Mandal, Guntur District, illegally and creating dirking water and environmental pollution. His further case is that though he made number of representations, the official respondents 2 to 4 did not take any action. Therefore, he seeks a direction to the official respondents not to permit the unofficial respondents to do prawn culture. 3. The official respondents 2 to 4 did not file any counter affidavit. 4. The unofficial respondent no.5 filed counter affidavit and while denying the averment of the writ petitioner that the prawn culture is causing drinking water and environmental pollution, stated inter alia that the bore wells are at a distance of more than 2 kms. to their prawn culture lands and further there is no expert findings to establish that the prawn culture lands are polluting the water. Further, the drinking resource is a protected one and is far away from their lands and further in order to improve their living conditions and to develop aqua culture, they have adopted traditional methods. With these averments, inter alia, they sought to dismiss the writ petition. 5. The unofficial respondents 7 to 9 filed separate counter affidavit and while denying the averment of the writ petitioner that the prawn culture is causing drinking water and environmental pollution, stated that they are doing aqua culture for more than ten years and that the Bavajipalem village is nearer to the ‘Bay of Bengal’ and the sea water has been drawn from the sea for the purpose of aqua culture and that the lands are situate in Nizampatnam mandal, which is at a distance of 3 kms way to Bavanjipalem village and that the drinking water source to the Bavajipalem village is through over head tank. Their further case is that their lands are neither adjacent to the tank of Bavjipalem village nor any pollution is caused to the tank at Bavajipalem. With these averments, the writ petition was sought to be dismissed. 6. This court initially by interim order dated12.2.2002 granted status quo in WPMP.No.34245 of 2001 and on a vacate petition being filed by respondents 5 and 6 in WVMP.No.757 of 2002, the interim orders in respect of respondents 5 and 6 was vacated, on the ground that the competent authority granted permission for doing aqua culture and in respect of other unofficial respondents, the status quo orders were directed to be continued till the disposal of the writ petition. 7. The main grievance of the petitioner is that that the unofficial respondents are doing prawn culture illegally in SyNos.164/2, 164/3, 164/5, 165, 166/1B, 166/2B, 485, 486 and 581 situate at Bavajipalem Village, Nizampatnam Mandal, Gutur District and the same is causing drinking water and environmental pollution. Except the allegation, the petitioner has not filed any authenticated report to substantiate his allegation. On the other hand, the case of the respondents is that they are doing the aqua culture for the last ten years and are eking their livelihood and further the water for doing aqua culture is drawn from the sea, which is at a distance of 3 k.ms. from their village and further the aqua culture is being done in Nizampatnam village, which is at a distance of 3 kms away from Bavajipalem village and that the drinking water source to the Bavajipalem village is through over hand tank and they are not causing any pollution to the drinking water. These averments and denials are pure questions of fact and they cannot be decided in a writ petition. 8. Further, as stated above, the case of the unofficial respondents is that they are doing prawn culture in parts of Sy.Nos.166/2A, 166/2B and 166/2B and the unofficial respondents 5 and 6 are doing prawn culture in part of 164/2, 164/3, 164/5, 166/1B, 166/2B, 485, 486 and 581. It is to be noticed that all the lands are situated in Bavajipalem village, Nizampatnam Mandal, Guntur District and in respect of parts of lands where respondents 5 and 6 are doing prawn culture, the official respondents have permitted and they are carrying on the prawn culture and the other lands are very adjacent to these lands and the case of the respondents 7 to 9, is that they are doing prawn culture for the last more than ten years and that there was no objection from any body and they denied that the drinking water is being polluted. The petitioner did not produce any material to substantiate his averment. In these circumstances, I do not find any merit in the writ petition and the same is liable to be dismissed. 9. In the result, the writ petition is dismissed. No costs. AVS ------------------------- 29—04—2009