The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.4174 of 2005 Order: In this Writ Petition, the petitioner-Gram Panchayat seeks declaration, by way of Mandamus, that the action of the respondents-Municipality, in dumping the garbage/waste/compost in Survey Nos.372, 373, 374 and 392 of the petitioner-Gram Panchayat, as illegal and arbitrary and consequently, direction to the first respondent- Municipality to refrain from dumbing the garbage in the said lands. As averred in the affidavit, filed in support of this Writ Petition, the aforesaid lands are Government Poramboke lands situated within the notified revenue village- Singupuram. It is the grievance of the petitioner-Gram Panchayat that though there are residential colonies nearby the aforesaid lands, the first respondent- Municipality is dumping the garbage accumulated in its limits in the aforesaid lands affecting the hygiene of the residents of the nearby localities. Counter-affidavit is filed on behalf of the first respondent-Commissioner, Srikakulam Municipality. In the counter-affidavit, while denying dumping of garbage in Survey Nos.372, 373 and 374 of Singupuram Village, it is stated that Singupuram is a notified village, which is at a distance of about 9 to 10 kilometers from Srikakulam Municipality. It is further stated that the first respondent- Municipality requested the fourth respondent-District Collector in Form - XXIX along with an agreement for grant of land admeasuring Ac.20-17 guntas in Survey No.392/2 in Singupuram Village for compost yard. It is further stated that after receiving remarks and recommendations from the second and third respondent, the fourth respondent- District Collector has accorded permission vide proceedings, dated 02-02-2005, in ROC.No.5057/2001 to use the said land for the purpose of dumping garbage. Further, it is stated that there are no residential areas, trees or structures within the radius of 2 kilometers from the said site and as such, it does not cause any health hazards to the habitants. From the counter-affidavit, it is clear that garbage is dumped only in Survey No.392/2, that too, pursuant to permission granted by the fourth respondent-District Collector vide proceedings, dated 02-02-2005. Though the petitioner seeks direction to the respondents not to dump garbage in the aforesaid lands, so long as the permission to dump garbage therein subsists, such a direction cannot be granted by this Court. For the aforesaid reasons, the Writ Petition is devoid of merits and the same is, accordingly, dismissed. No costs. _________________ R.Subhash Reddy, J Dated 15th December, 2009 lur