THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1163 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the second respondent in issuing proceedings No.D/48/2005 dated 10.1.2005 recommending for allotment of the site of an extent of Ac.0.18 cents in Sy.No.82 of Modameedipalli village for construction of public slaughterhouse and handing over the same to the fourth respondent as arbitrary, illegal and principles of natural justice. According to the petitioner, he is the owner of land to an extent of Ac.3.10 cents in Sy.Nos.76, 77, 85 and 86/1 of Kothapalli Gram Panchayat, Modameedipalli village, Proddatur sub-division and has given some portion of the land for construction of school to the Modern Coaching Institute, which is a registered society. Modern Coaching Institute is already constructing school in the premises on the other side of the road. Since they required additional accommodation for the said school, they obtained permission from the Gram Panchayat for construction of school in the site belonging to the petitioner. Therefore, erection of slaughterhouse in and around educational institutions is not desirable. The erection of slaughterhouse may cause air and water pollution apart from causing nuisance to the residents of locality. In fact, when there was outbreak of Gastro Enteritis in Proddatur Municipality, the first respondent-District Collector visited the areas in Swaraj Nagar and Sanjeeva Nagar on 31.1.2005 and ordered for closure of the slaughterhouse existing in Sanjeeva Nagar locality as it is spreading contagious diseases and affecting public health as waste material from the slaughterhouse is thrown into the drainage seeping into the Municipal water and become hazardous to public health. The first respondent directed the third respondent to identify suitable land for construction of slaughterhouse. As per the directions of the first respondent, third respondent submitted his report dated 4.1.2005 identifying the land to an extent Ac.0.18 cents out of Ac.1.88 cents in Sy.No.82 of Modameedipalli village, which is classified as channel poramboke, for construction of slaughterhouse. Third respondent also submitted that as the land is classified as channel poramboke and is under the control of Irrigation Department, the Irrigation Department has to give their consent to part with the proposed land to transfer the same in favour of Proddatur Municipality for the purpose of construction of slaughterhouse. The second respondent-Revenue Divisional officer also visited the subject land on 7.1.2005 and recommended for allotment of Ac.0.18 cents of land in Sy.No.82 of Modameedipalli village to Proddatur Municipality for construction of slaughterhouse vide impugned proceedings dated 10.1.2005. According to the petitioner, permitting any construction of slaughterhouse within the vicinity of School and Residential colony would cause serious health hazards and much nuisance to the people in the locality. Further, the channel poramboke cannot be allotted for any purpose under the Board Standing Orders. Therefore, the action of the respondents in allotting the land for construction of slaughterhouse is arbitrary and illegal. The learned Government Pleader appearing for respondents, on instructions submitted that the subject land is at a distance of more than 1 k.m. from the residential area, therefore it may not cause any health problems to the residents of the locality. The Board Standing Orders would not prohibit allotting the land. In fact, the land was allotted as per BSO 24. I have given my earnest consideration to the respective submissions made by the learned counsel on either side and perused the impugned order and other material made available on record. Since the petitioner has asserted that the School is located adjoining the subject land even prior to the allotment of the same, the respondents ought to have taken care in allotting the subject land, which is classified as channel poramboke. Further, the respondents may have to consider as to causing any public nuisance, health hazards to the students who are attending to the educational institution. Under those circumstances, the fourth respondent is directed not to take up any construction of slaughterhouse, unless and until objections are called for from the general public and the petitioner herein and also clearance is obtained from the Medical Department, Irrigation Department as well as Pollution Control Board for the purpose of deciding as to suitability of locating slaughterhouse. Till such time, status quo as on today shall continue. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 21.12.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1163 of 2005 21.12.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1163 of 2005 Date: 21st December, 2010 Between: Vallamkonda Satyanarayana .. Petitioner And The District Collector, Kadapa district, Kadapa and others. .. Respondents