IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11621 of 2008 Between: Cheruku Vitalaiah, S/o. late Shankaraiah, R/o. H.No.1055, Nagole X Road, Hyderabad. .....Petitioner And 1. M. Venkat Rao Infra Projects, represented by its Proprietor, M. Venkat Rao, Road No.1, H.No. 37/8, Anji Reddy Grounds, New Samathapuri Colony, Nagole, R.R.District. 2. Greater Hyderabad Municipal Corporation, Tank, Bund, Hyderabad, represented by its Commissioner. 3. Greater Hyderabad Municipal Corporation, represented by its Dy.Commissioner, L.B. Nagar Circle, R.R.District. 4.The Director, Pollution Control Board, Saifabad, Hyderabad. 5.The Commissioner of Police, Cyberabad, Basheerbagh, Hyderabad. 6.The Station House Officer, L.B Nagar P.S., Hyderabad. 7.The District Collector, R.R. District at Lakdikapool, Hyderabad. 8. Government of A.P., represented by its Principal Secretary, General Administration Dept., Secretariat, Hyderabad. .....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 the inaction of the respondent Nos.2 to 7 in not stopping the illegal of the 1st respondent concrete mixing in his industrial unit in the residential area i.e. at H.No.37/8, Road No.1 New Samapthapuri Colony, New Nagole, R.R.District, which is causing noise dust, air, water table depletion and consequently causing health hazards and endangering the lives of the locality people, as illegal, arbitrary, unjust, lethargic, violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent No.8 herein to enquire into the matter and to take appropriate action against the inaction of the respondent Nos.2 to 7 herein for not taking immediate action for closing down the concrete mixing industrial unit of the 1st respondent in accordance with law, despite submitting the representations by the petitioner society, and to grant such other relief or relief as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the petitioner : Sri P. Radhakrishna Counsel for respondent No.1 : None Counsel for respondent Nos.2 and 3 : Sri R. Ramachandra Reddy Counsel for respondent No.4 : Sri Y. Srinivasa Murthy Counsel for respondent No.5 and 6 : Government Pleader for Home Counsel for respondent No.7 and 8 : Government Pleader for General Administration The Court made the following : ORDER: (per Anil R. Dave, C.J.) At the time of hearing, learned Advocate, Sri Y. Srinivasa Murthy, appearing for respondent No.4 – Andhra Pradesh Pollution Control Board, has submitted that by virtue of an order dated 31st May, 2008, the Board has directed respondent No.1 to close down its unit. In the circumstances, the grievance ventilated in the petition has already been redressed. At this stage, the learned Advocate appearing for the petitioner has submitted that the petitioner has suffered because of the pollution and, therefore, he should be awarded compensation. It has been submitted by him that the petitioner would like to avail appropriate remedies against the erring respondents in accordance with law. Needless to say that it would be always open to the petitioner to avail appropriate remedies in accordance with law for claiming compensation. Subject to the aforesaid observation, the petition is disposed of with no order as to costs. ANIL R. DAVE, C.J. 17th June, 2008 R.SUBHASH REDDY, J. ….REGISTRAR To 1. Sri M. Venkat Rao, M. Venkat Rao Infra Projects, Road No.1, H.No.37/8, Anji Reddy Grounds, New Samathapuri Colony, Nagole, R.R.District. 2. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. 3. The Dy. Commissioner, Greater Hyderabad Municipal Corporation, L.B. Nagar Circle, R.R.District. 4.The Director, Pollution Control Board, Saifabad, Hyderabad. 5.The Commissioner of Police, Cyberabad, Basheerbagh, Hyderabad. 6.The Station House Officer, L.B Nagar P.S., Hyderabad. 7.The District Collector, R.R. District, Lakdikapool, Hyderabad. 8. The Principal Secretary, General Administration Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 9. Two copies to the Govt. Pleader for General Administration, High Court Buildings, Hyderabad (OUT). 10.Two copies to the Govt. Pleader for Home, High Court Buildings, Hyderabad (OUT). 11.Two C.D. copies. ARS