IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14964 of 2008 Between: Karrothu Nagaraju S/o.Ramunaidu Poram(V) Ch.Agraharam Poosapatirega(M) Vizianagaram District ..... PETITIONER AND 1 The District Collector Viziangaram District 2 The District Panchayat Officer Vizianagaram District 3 Medical & Health Department Vizianagaram Rep.by its District Medical & Heath Officer 4 The G.P Pooram(V) H/o.Ch.Agraharam Poosapatirega(M) Vizianagaram District Rep.by its Secretary 5 A.P Polluction Board Flat No.8 Simhadrinagar Vizianagaram Engineer 6 Karrothu Rama Rao S/o.Achinaidu and Business R/o.Poram(V) H/o.Ch.Agraharam Poosapatirega(M) Vizianagaram District 7 Botcha Satyam S/o.Suri and Business R/o.Poram(V) R/o Poram(V) Poosapatirega(M) Ch.Agraharam Vizianagaram District .....RESPONDENTS 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 inaction of the respondents in not restraining the respondents 5 and 6 from causing pollution to the petitioner's family and other members by way of construction the Poultry Farm abutting the residential houses situated in Sy.No.32/31P admeasuring 0.3 cents as arbitrary, illegal failed to exercise power violative of the fundamental rights guaranteed under Articles 14 and 19 of the constitution of India and constitutional and consequently direct the respondents 1 to 4 to forthwith restraining the respondents 5&6 from running the poultry farm abutting my house. Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMILY WELFARE The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14964 of 2008 ORDER: Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents 1 to 4. The petitioner states that he made representations, dated 29.05.2008, 09.06.2008 and 20.06.2008, bringing to the notice of the respondents 1 to 4 the alleged steps being taken by the respondents 5 and 6 herein for construction of a poultry form in the residential locality situated in Survey No.32/26P of Poram village, Hamlet of Ch.Agraharam, Poosapatirega Mandal, Vizianagaram District and requesting to make necessary enquiry and take appropriate steps, since construction of poultry form in residential area, is impermissible in law. The only grievance of the petitioner is that the respondents 1 to 4 failed to take any steps and in the meanwhile, the respondents 5 and 6 are proceeding with the construction of the proposed poultry form. Hence, this writ petition. Having regard to the specific allegations made by the petitioner and since the material on record shows that the representations were received by the respondents 1 to 4, without expressing any opinion as to the correctness of the allegations made by the petitioner, the writ petition is disposed of with a direction to the respondents 1 to 4 to consider the representations of the petitioner and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. It is needless to mention that before passing any such order, the respondents 5 and 6 shall be given an opportunity to rebut the allegations made. No costs. _______________ 11.07.2008 VGB