IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF DECEMBER 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.17186 of 2008 Between: 1. Dr. V. Gygneshwar, S/o.V.Pakeerappa, Lakshmi Colony, Kollapur Town, Kollapur, Mahaboobnagar District. 2. V.Dhanunjaya, S/o. Ramulu, Lakshmi Colony, Kollapur Town, Kollapur, Mahaboobnagar District. 3. J.Devendar, S/o. Ellaiah, Lakshmi Colony, Kollapur Town, Kollapur, Mahaboobnagar District. 4. J. Buddaiah, S/o. Ellaiah, Lakshmi Colony, Kollapur Town, Kollapur, Mahaboobnagar District. 5. G.Poorna Chander Rao, S/o. Shivaji Rao, Lakshmi Colony, Kollapur Town, Kollapur, Mahaboobnagar District. 6. N.Bichhanna, S/o. Balaiah, Behind Rani Shaiba Rice Mill, R/o. Lakshmi Colony, Kollapur Town, Kollapur, Mahaboobnagar District. ...Petitioners And 1. The District Collector, Mahaboobnagar, Mahaboobnagar District. 2. Andhra Pradesh Pollution Control Board, Paryavaran Bhavan, A-3, Industrial Estate, Sanathanagar,Hyderabad, represented by its Secretary. 3. Grampanchayat, Kollapur Town, Kollapur, Mahaboobnagar District. 4. S.V.K.B. Aditya Laksma Rao, S/o.S.V. Jagannadha Rao, R/o. Palace, Kollapur Town, Kollapur Mandal, Mahaboobnagar District. 5. K.Narasimha Swamy @ Bheemaiah, S/o. Kistaiah, R/o. Near Bus Stand, Kollapur Town, Kollapur Mandal,Mahaboobnagar 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 preferably a writ in the nature of mandamus directing the second and the third respondents to conduct an enquiry in Lakshmi Colony, Kollapur Town, Kollapur Mandal, Mahaboobnagar District to ascertain emission of air and noise pollution from RANI SAHIBA RICE MILLS, and also direct them to take appropriate action against respondent Nos.4 and 5. Counsel for the petitioner : None Counsel for respondent No.1 : None Counsel for respondent No.2 : Sri Y. Srinivasa Murthy Counsel for respondent No.3 : None Counsel for respondent No.4 : None Counsel for respondent No.5 : Sri D.L. Pandu The Court made the following: ORDER: (Per Anil R. Dave, C.J.) This is a public interest litigation wherein it has been submitted that respondent No.5 is operating a Rice Mill, which is creating air and noise pollution. In pursuance of the notice issued by this Court, learned Advocate, Sri Y. Srinivasa Murthy, has appeared for respondent No.2- Pollution Control Board. He has submitted a report dated 23rd October, 2008 furnished by the Environmental Engineer of the Board stating that the Rice Mill is not functioning. Moreover, it has been submitted by him that on 29th September, 2008, a closure order had been passed by respondent No.2 Board, whereby respondent No.5 has been directed to close down its industry and at present the Rice Mill has been closed. In the circumstances, the grievance ventilated in the petition does not survive. Needless to say that if all the objections raised in the closure order are removed by respondent No.5, it would be open to respondent No.2 Board to pass appropriate orders in accordance with law. Subject to the above observation, the petition stands disposed of with no order as to costs. ANIL R. DAVE, C.J. 12th December, 2008 R. SUBHASH REDDY, J. ……REGISTRAR Note: CC in a week. (BO) ARS To 1. The District Collector, Mahaboobnagar, Mahaboobnagar District. 2. The Secretary, Andhra Pradesh Pollution Control Board, Paryavaran Bhavan, A-3, Industrial Estate, Sanathanagar,Hyderabad, 3. The Executive Officer, Grampanchayat, Kollapur Town, Kollapur, Mahaboobnagar District. 4. Two copies to the Govt. Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 5. Two C.D. copies. ARS