HON’BLE SRI JUSTICE C.Y. SOMAYAJULU W.P.M.P.No.8753 of 2004 in W.P.No.5318 of 2003 And W.P.No.5318 of 2003 Dated 13th day of September, 2007 Between: Siripurupu Venkatalaxmi and two others .. Petitioners and The Secretary, Mallayapalem Gram Panchayat, Gudiwada (M) Rural, Krishna District and four others .. Respondents O R D E R: Alleging that the 4th respondent is proceeding with the construction of Rice Mill in a residential area of Mallayapalem Gram Panchayat, Gudiwada Rural Mandal, Krishna District, without obtaining any permission, the petitioners have filed this writ petition seeking a direction to the respondents 1 to 3 not to grant either permission or licence to the 4th respondent to proceed with the construction of Rice Mill. Though the respondents were served with notices as early as in the year 2003, none of them has filed any counter affidavit. At the time of admission of the writ petition, an interim direction was given by a learned Judge, who admitted the writ petition on 28.3.2003, to the 1st respondent to take all necessary steps for stopping construction of the Rice Mill by the 4th respondent. Alleging that in spite of the direction given by the Court the 1st respondent is allowing the 4th respondent to proceed with the construction, the petitioners filed C.C.No.776 of 2003 to punish the 1st respondent for contempt wherein the 1st respondent filed a counter affidavit stating that as he was on leave due to the death of his mother, he was not aware of the constructions being made by the 4th respondent and that he issued notice to the 4th respondent not to proceed with the construction. In view of the circumstances stated by the 1st respondent, the Contempt Case was closed. Since the grievance of the petitioners is that the 4th respondent is proceeding with the construction of the Rice Mill in the residential locality without obtaining any permission and as there is nothing on record to show that the 4th respondent obtained permission for construction of the Rice Mill, the act of the 4th respondent constructing Rice Mill in the residential locality that too without obtaining permission is against the provisions of the Panchayat Raj Act. In the circumstances, the petitioners are entitled to the relief sought for by them. Hence, respondents 1 to 3 are directed to see that the 4th respondent does not proceed with the construction of the Rice Mill in the residential area of Mallayapalem Gram Panchayat, Gudiwada Rural Mandal, Krishna District without obtaining necessary permission from them and the petitioners are entitled to costs. Inasmuch as the petitioners have filed the Miscellaneous Petition seeking a direction to the respondents to pull down the Rice Mill, which was illegally constructed and is being run by the 4th respondent, the 1st respondent shall take steps to get the Rice Mill, which was constructed in violation of the orders of this Court, demolished. In the result, both the Writ Petition and the Miscellaneous Petition are allowed with costs. Advocate’s fee is fixed at Rs.1000/-. ____________________ (C.Y. SOMAYAJULU, J.) 13th September, 2007 bcj