THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.18526 OF 2004 Dated 10th September, 2009 Between: Lalwaninagar Residents Welfare Association …Petitioner And District Collector and four others …Respondents Counsel for the petitioner: Sri L.Prabhakar Reddy Counsel for respondents 1 & 3: G.P for Revenue Counsel for respondents 2, 4 and 5: Sri R.Radha Krishna Reddy The Court made the following O R D E R: Heard learned counsel for the petitioner and learned Standing Counsel for the Greater Hyderabad Municipal Corporation. This writ petition is filed by Lalwaninagar Residents Welfare Association, Lalwaninagar, East Anandbagh, Malkajigiri, seeking directions by way of Mandamus to the respondents to prevent dumping of garbage and wasteful material into the ‘Bandacheruvu’ tank and not to allow sewage flow into the said tank. The petitioner is a registered association under the provisions of the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli. The members of the petitioner society have purchased residential plots in Survey No.472, East Anandbagh. The grievance of the petitioner is that adjacent to its locality, there is one tank known as ‘Bandacheruvu’ in Survey No.407. The sluice of the said tank was closed by some persons, thereby the water level has been increased over and above the full tank resulting in submergence of some of the open plots. It is its further grievance that the residents of the surrounding colonies of the tank are leaving sewage into the tank apart from dumping garbage and wasteful material into the said tank and thereby causing pollution. In spite of filing of the representations by it before the respondents, no action is taken by them. Hence, this writ petition. In the year 2004, when the writ petition was filed, the area in question was within the limits of Malkajigiri Municipality constituted under the provisions of the Andhra Pradesh Municipalities Act, 1965. During the pendency of the writ petition, the area in question was merged into the Greater Hyderabad Municipal Corporation and is governed by the provisions of the Hyderabad Municipal Corporation Act, 1955 and the rules framed thereunder. Though earlier the petitioner has addressed representation to the Commissioner of Malkajigiri Municipality, but in view of the inclusion of the area in question into the Greater Hyderabad Municipal Corporation, I deem it appropriate to dispose of this writ petition by permitting the petitioner to make a representation to the fifth respondent-Greater Hyderabad Municipal Corporation ventilating its grievance with regard to closing of sluice; leaving the sewage water into the ‘Bandacheruvu’ tank and dumping of garbage and wasteful material into the said tank by the surrounding colony people, within a period of four (4) weeks from today, and if any such representation is being made, the fifth respondent is directed to consider the same and take appropriate steps in the matter. Subject to the above directions, the writ petition is disposed of. No order as to costs. ____________________ R.SUBHASH REDDY, J Dated 10th September, 2009 vrn