HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.13564 of 2002 Date: December 15, 2011 Between: Appanna Appala Naidu, S/o. late Sanyasi Naidu … Petitioner And District Collector, Vizianagaram District, Vizianagaram and others … Respondents Order: Petitioner, a former Sarpanch of Chinthada Gram Panchayat, Jami Mandal, Vizianagaram District, has filed this writ petition seeking mandamus declaring the action of the respondents in cutting the trees adjacent to the 4th sluice of Jangam Cheruvu by dividing the existing water way from the 4th sluice to Gummadi Poli Naidu Kallam Dibba as illegal and arbitrary. Counter-affidavit is filed by the Assistant Executive Engineer, Rural Water Supply and Sanitation, Jami Mandal, Vizianagaram District. While denying the various allegations made by the petitioner, in the counter-affidavit, it is stated that no trees are being cut as alleged by the petitioner and only work is being done to clear the scrub jungle and other earthen works are undertaken. In view of the said averment made in the counter-affidavit, learned counsel for the petitioner requests for disposal of the writ petition recording the same. As much as it is stated in the counter-affidavit that no trees, as alleged by the petitioner, are being cut and only works are undertaken to clear the scrub jungle and other earthen works are undertaken, I dispose of the writ petition placing on record such averment made in the counter-affidavit. However, it is made clear that if there is any move further to cut the trees; petitioner is at liberty to move this Court by a fresh petition. No order as to costs. ______________________ (R. SUBHASH REDDY, J) December 15, 2011 MRR