IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 5830 of 2009 Between: Venkateswara Nagar Welfare Committee, Rep. by its Committee, Member Goluguri Venkata Reddy, S/o.Veer Reddy, R/o.16-25-8/1 Venkateswara Nagar colony, Kakinada ..... PETITIONER AND 1 The District Collector, East Godavari District Kakinada 2 The District Medical and Health Officer, East Godavari District, Kakinada 3 Kakinada Municipal Corporation, Rep. by its Commissioner, Kakinada 4 The Health officer, Kakinada Municipal Corporation, Kakinada 5 A.P. Pollution Control Board, Vuda Complex, 6th Floor, SiripuramJunction, Visakhapatnam 6 Pasupuleti Chandrasekhar C/o. Municipal Carporator, Mantripragadavari Veedhi, Kakinada 7 Dr. Ashok K. Rau, Executive Trusteee and CEO, Freedom Foundation, No.180, Hennur Cross Bangalore-560043 .....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 any writ order or directions more in the nature of writ of mandamus declaring the inaction of the respondents 1 to 5 herein in not taking any action on the representation of the Petitioner Committee dated 10.2.2009 as illegal and arbitrary and violative of Article 21 of Constitution of India and consequently direct them not to accord permission to the 6th and 7th respondents herein for starting hospital for Aids patients in the building bearing D.No.16- 25-8 Ward No.12, Venkateswara Nagar, Kakinada. Counsel for the Petitioner: MR. S. SRIDHAR Counsel for the Respondent No.1: G.P. FOR REVENUE Counsel for the Respondent No.2: G.P. FOR MEDICAL & HEALTH Counsel for the Respondent Nos.3 & 4: SRI S.NAGESWARA REDDY Counsel for the Respondent No.5: SRI Y. SRINIVASA MURTHY Counsel for the Respondent Nos.6 & 7: N.A. The Court made the following : ORAL ORDER: (per Sri Anil R. Dave, CJ) This is a Public Interest Litigation wherein the petitioner is apprehending that respondent Nos.6 and 7 would establish a hospital for treating patients of AIDS in a residential area. 2. It has been submitted that establishment of such a hospital in a residential area would be illegal and would be violative of rights guaranteed to the members of the petitioner committee under Article 21 of the Constitution of India. 3. We have heard the learned Advocate appearing for the petitioner and learned Advocate Sri Y. Srinivasa Murthy, appearing for respondent No.5 – Andhra Pradesh Pollution Control Board (for short, the Board). 4. It has been submitted by the learned Advocate appearing for the Board that necessary enquiry had been conducted by the officials of the Board and upon enquiry it has been found that respondent Nos.6 and 7 desire to set up twenty-bed hospital in Venkateswara Nagar, Kakinada, in a leased premises. During the course of inspection, it was found that the hospital has not been established yet and necessary permission will have to be obtained from different authorities and till requisite permission from different authorities are obtained, it would not be possible to respondent Nos.6 and 7 to set up a hospital. 5. As the hospital has not been established yet and as the hospital can be established only after obtaining necessary permission from different authorities, in our opinion, the petition is premature. Needless to say that it is open to the petitioner to approach the concerned authorities, from whom respondent Nos.6 and 7 have to take permission, so that, before grant of permission, the objections, which might be raised by the petitioner, can be considered by the said authorities. In view of the above facts, we do not find any substance in the petition. 6. The petition is, therefore, rejected as premature with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 17.04.2009 bnr