IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE T.CH.SURYA RAO WRIT PETITION NO : 28388 of 2007 Between: 1 Madepalli Satyananda Rao, S/o. Venkat Rao, R/o. Door No. 10- 128, Gandhinagar, Markendeyapuram, Gollaprolu Village, East Godavari District. 2 Gedela Ramana, S/o. Somulu, R/o. Door No. 11-178, Gandhinagar, Markendeyapuram, Gollaprolu Village, East Godavari District. 3 Goli Apparao, S/o. Sanyasi Rao, R/o. Door No. 10-187, Gandhinagar, Markendeyapuram, Gollaprolu Village, East Godavari District. 4 Mogali Thammaiah, S/o. Chinna Veeraraju, R/o. Door No. 10-134, Gandhinagar, Markendeyapuram, Gollaprolu Village, East Godavari District. ..... PETITIONER(S) AND 1 The District Collector, East Godavari District, Kakinada. 2 The Revenue Divisional Officer, Kakinada, East Godavari District. 3 The Deputy Inspector of Factories, Kakinada, East Godavari District. 4 The Divisional Electrical Engineer, Kakinada, East Godavari District. 5 The Andhra Pradesh Pollution Control Board, Rep. by its Secretary, Hyderabad. 6 The District Panchayat Officer, East Godavari District, Kakinada. 7 The Tahsildar, Gollaprolu Mandal, East Godavari District. 8 The Assistant Divisional Engineer (Electrical), Pitapuram, East Godavari District. 9 The Assistant Electrical Engineer, Gollaprolu, East Godavari District. 10 The General Manager, District Industries Division, Kakinada, East Godavari District. 11 The District Medical Officer, DM & H.O., Kakinada, East Godavari District. 12 The Gram Panchayat, Gollaprolu, Rep. by its Secretary, Gollaprolu, East Godavari District. 13 kasireddi Satyanarayana, S/o. Venkata Rao, Proprietor, Satyanarayana Street, R/o. Devinagar, Gollaprolu, East Godavari District. 14 Pentakota Subramanayam, S/o. Pola Rao, R/o. Gavurapalem, Near Satyanarayana Theatre, Anakapalli, Visakhapatnam District. 15 Pentakota Srinivasa Rao, S/o. Pola Rao, R/o. Gavurapalem, Near Satyanarayana Theatre, Anakapalli, Visakhapatnam 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 issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondents 1 to 12 in not taking any action on the representation dated 17-12-2007 and also telegraphic notices dated 18-12-2007 addressed to respondents 4,6,8,9 and 12, requesting them to restrain respondents 13 to 15 from starting a groundnut processing unit at H.No. 10-160, situated in Gandhinagar, Markandeyapuram, Gollaprolu Village, East Godavari District as arbitrary, illegal, unjust, violative of the Fundamental Rights guaranteed to the petitioners and the other residents living in and around the aforesaid premises under the Constitution of India and issue a consequential direction to respondents 1 to 12 not to grant any permissions to respondents 13 to 15 start a groundnut processing unit in the aforesaid premises and pass Counsel for the Petitioners: MR.S.SRINIVAS REDDY Counsel for the Respondents: GP FOR REVENUE Mr. O. Manohar Reddy, GP for Medical Health & Family Welfare, G.P. for Industries and Commerce, Mr. Y. Srinivasa Murthy, Mr. G. Elisha SC for ZPPS, MPPS The Court made the following : HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE T. CH. SURYA RAO W.P.NO. 28388 OF 2007 ORDER: (Per Anil R. Dave, HCJ) Grievance which the petitioners have ventilated in the present writ petition is with regard to not taking any action against respondents 13 to 15 who are groundnut processing units. It is the case of petitioners that by setting up groundnut processing units, respondents 13 to 15 are creating pollution. The grievance was made by the petitioners before respondents 1 to 10, but as no action was taken by respondents 1 to 10, the petitioners have been constrained to approach this Court. At the time of hearing of this petition, learned advocate Sri Y. Srinivasa Murthy appearing for respondent No.5- Pollution Control Board has submitted that upon getting a copy of this petition necessary enquiry was made by the concerned officers of respondent No.5-Pollution Control Board and a report has been submitted in pursuance of the enquiry. It has been found that respondents 13 to 15 have not taken requisite permission from respondent No.10-District Industries Division, Kakinada and therefore it was not open to respondents 13 to 15 to set up the groundnut processing units. It has been submitted by the learned advocate appearing for respondent No.5 that necessary instructions have been given to respondent No.5 to see that requisite permission is not given to respondents 13 to 15 as they have set up their units in residential area. In the aforesaid circumstances, it has been submitted by learned advocate Sri Y. Srinivasa Murthy that appropriate action is being taken by respondent No.5-Board. In view of the action taken by respondent No.5, in our opinion, the grievance ventilated in the writ petition has now been redressed. We see no reason to take any further action in the matter. The writ petition is accordingly disposed of with no order as to costs. ________________ ANIL R. DAVE CJ __________________ T.CH.SURYA RAO J Dt.3.3.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, East Godavari District, Kakinada. 2 The Revenue Divisional Officer, Kakinada, East Godavari District. 3 The Deputy Inspector of Factories, Kakinada, East Godavari District. 4 The Divisional Electrical Engineer, Kakinada, East Godavari District. 5 The Andhra Pradesh Pollution Control Board, Rep. by its Secretary, Hyderabad. 6 The District Panchayat Officer, East Godavari District, Kakinada. 7 The Tahsildar, Gollaprolu Mandal, East Godavari District. 8 The Assistant Divisional Engineer (Electrical), Pitapuram, East Godavari District. 9 The Assistant Electrical Engineer, Gollaprolu, East Godavari District. 10 The General Manager, District Industries Division, Kakinada, East Godavari District. 11 The District Medical Officer, DM & H.O., Kakinada, East Godavari District. 12 The Gram Panchayat, Gollaprolu, Rep. by its Secretary, Gollaprolu, East Godavari District. 13. 2 CCs to GP for Revenue, 14. 2 CCs to GP for Medical Health & Family Welfare, 15. 2 CCs to GP for Industries and Commerce 16.2 CD copies Form-NIC-OGS/WP{SPJS}