IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5268 of 2008 Between: 1 K. Satish Kumar, S/o. Krishna Reddy, R/o. Vanjuvaka Village & Post, Kota Mandal, Nellore District. 2 M. Venkata Subbaiah, S/o. Penchalaiah, R/o. Vanjuvaka Village & Post, Kota Mandal, Nellore District. ..... PETITIONER(S) AND The Sub-Divisional Magistrate, Cum Sub Collector, Guduru Division, Guduru, Nellore District. .....RESPONDENT 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 Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the respondent in acting on the case of the Petitioners /representation dated 1-2-2008 in respect of brickyard industries situated in abutting Vanjuvaka Village, Kota Mandal, Nellore District which is clearly illegal, arbitrary and violation of Section 133 of Cr.P.C. and Section 21 and 22 of the AIr (Prevention and Control of Pollution) Act, 1981 and consequently direct the respondent to consider the petitioners case/representation dated 1-2-2008 of the petitioners and pass Counsel for the Petitioner:MR.V.NARAYANA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 5268 of 2008 Oral order: The petitioners state that they have lodged complaint dated 01.02.2008 under Section 133 of the Code of Criminal Procedure, 1983 before the respondent, namely the Sub Divisional Magistrate- cum-Sub Collector, Guduru Division, Nellore District, requesting him to take action against the brick kilns abutting Vanjuvaka village, Kota Mandal, Nellore District, inasmuch as they are causing air pollution, which is resulting in health hazard to the residents of the area, and it is their grievance that till date no action thereon had been taken. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondent, and both of them agreed for disposal of the writ petition with the following directions: The respondent, namely the Sub Divisional Magistrate-cum- Sub Collector, Guduru Division, Nellore District, is directed to consider and dispose of the complaint of the petitioner after issuing notice and affording reasonable opportunity of hearing to the affected parties, and pass appropriate orders thereon in accordance with law, expeditiously. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 12th March, 2008. KSR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}