IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 14439 of 2009 Between: 1 K.Madhubabu Naidu S/o. Gandhi Naidu Somasila Project Committee Janathapet, Kavali, Nellore District. 2 G.Venkaiah S/o.China Malakondaiah Dagadarthi Mandal, Ananthavaram, Nellore district. 3 D.Malyadri Reddy S/o. Koindareddy Bramhavakaka, Jaladanki Mandal, Nellore District. 4 P.M.Reddy S/o. Chinna Reddy Kavali Canal III Distribution Jaladanki Mandal, Nellore District. 5 K.Ramanaiah Naidu S/o. Chenchaiah Nagulavaram, Bogolu Mandal, Nellore District. ..... PETITIONER(S) AND 1 Govt. of A.P., Rep. by its secretary Secretariat, Hyderabad. 2 Engineer in Chief, NTR Telugu Ganga Project, Sri Kalahasthi, Chittoor district. 3 Superintending Engineer ( A/C) Somasila Project Circle, Darga Mitta, Nellore. .....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 any appropriate Writ, order or direction preferably a Writ in the nature of Writ of Mandmaus, declaring the action of the respondents in not taking action on the representation dt. 20.07.2006, 15.6.07, 24.2.09 and 7.3.09 etc., submitted by the petitioners requesting them to remove the earth deposit, and to conduct repairs to the Kavali Canal situated in Nellore District and supply water to the Ayacutdars and also drinking water, as the same is illegal, arbitrary, unconstitutional and unqarranted and consequently direct the respondents to forthwith take action to supply water to the Ayacutdars and also drinking water to the public by removing earth deposited in canal by conducting repairs and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.T.RAJENDRA PRASAD Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 14439 of 2009 ORDER: 1 As the respondents are not repairing or removing the deposited earth from the Kavali canal and on account of the same any amount of damage/inconvenience to the agricultural operations is being caused to the petitioners, they approached the respondents and gave applications on 20.7.2006, 15.6.2007, 24.2.2007 and again on 7.3.2009. But, however, as no action has been initiated, the petitioners approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue any appropriate Writ, order or direction preferably a Writ in the nature of Writ of Mandmaus, declaring the action of the respondents in not taking action on the representation dt. 20.07.2006, 15.6.07, 24.2.09 and 7.3.09 etc., submitted by the petitioners requesting them to remove the earth deposit, and to conduct repairs to the Kavali Canal situated in Nellore District and supply water to the Ayacutdars and also drinking water, as the same is illegal, arbitrary, unconstitutional and unqarranted and consequently direct the respondents to forthwith take action to supply water to the Ayacutdars and also drinking water to the public by removing earth deposited in canal by conducting repairs and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 2 When once it is the grievance of the petitioners that the said deposited earth is causing obstruction to the agricultural operations and they submitted representations to the authorities in that connection, the authorities, in my considered view, should have acted and passed necessary orders. 3 The learned Assistant Government Pleader submitted that on the representations given by the petitioners, the respondents placed the matter before the Irrigation Advisory Board and proposals have also been sent to the Government for administrative approval. 4 Having regard to the submissions made by the learned counsel for the petitioners that the petitioners have given representations and also in view of the subsequent developments that have taken place, this Writ Petition is disposed of with a direction to the respondent authorities to act at the earliest and do the needful, preferably, within a period of four weeks from the date of receipt of a copy of this order, so that the petitioners can attend to their agricultural operations. No order as to costs. --------------------------------- kvsn 23.09.2009