IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 15319 of 2008 Between: 1 N.Gagandhara Reddy S/o.Muthyala Reddy R/o.Maddurupadu Kavali Mandal,Nellore District 2 Konda Malyadri S/o.Radhaiah R/o.Maddurupadu Kavali Mandal,Nellore District 3 K.Jagadish alias Vinkateswarlu S/o.Rangaiah R/o.Maddurupadu Kavali Mandal,Nellore District ..... PETITIONER(S) AND 1 The District Collector, Nellore 2 The Executive Engineer, AP Pollution Control Board A.K.nagar,Nellore 3 The District Medical & Health Officer,Nellore 4 The District Manager,Industries ,Nellore 5 The Revenue Divisional Officer,Kavali,Nellore District 6 Maddurupadu Grama Panchayat, rep.by its Executive Officer, Maddurupadu,Kavali Mandal,Nellore District 7 Devarapalli Giridhara Reddy S/o.Malyadri Reddy R/o.4th Line, Christian Pet, Kavali,Nellore 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 an order direction or writ more particularlyone in the nature of writ of mandamus declaring the inaction of the respondents 1 to 5 to consider the representations of the petitioners and others dated 27.5.2008 and take action to prevent the 7th respondent from proceeding with the construction of Paddy cleaning Factory and Rice Mill in an extent of Ac.1.20 cents comprised in Sy.No.562 situated at Maddurupadu village, Kavali Mandal,Nellore District in the interest of public as illegal,arbitrary,unjust and in violation of Article 14 and 21 of Constitution of India and provisions of Environment Protection Act and Revenue Law and consequently to direct the respondents 1 to 5 to take action against the 7th respondent and stop construction of the factory referred to above and pass Counsel for the Petitioner:MR.M.VENKATA NARAYANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) This is a public interest litigation wherein the petitioners who are residents of Maddurupadu, Kavali Mandal, Nellore District have made a grievance that respondent No.7 is likely to set up an industry which is likely to pollute the entire atmosphere. Learned Advocates for the respondents have appeared and counter-aﬃdavits have also been ﬁled. It has been submitted by respondent No.7, who is going to start his business of Seed Processing Unit that still the construction is not over and only after taking necessary permission from the concerned authorities, respondent No.7 would commence his business. It has been submitted that respondent No.4 has to give necessary permission for the purpose of commencement of the said Seed Processing Unit and we are sure that respondent No.4 will consider all objections and will grant necessary permission only in accordance with law. In view of the fact that even the construction of the Seed Processing Unit is not over, in our opinion, this petition is premature. Moreover, looking to the fact that respondent No.7 is to take necessary permission from the concerned authorities before commencement of the business, we do not see any reason to entertain the petition and, therefore, the petition is dismissed with no order as to costs. ______________________ ANIL R. DAVE, CJ _________________________ R. SUBHASH REDDY, J 24th September, 2008. GRR