WP/25110/2004 of Kummari Prasad, Vs The Environmental Engineer, on 31 December 2004

1. The Environmental Engineer,

A.P. Pollution Control Board, Regional office, Ramagundam, Karimnagar district.

2. The Mandal Revenue officer, Peddapalli, Karimnagar district.

3. Kotte Komuraiah,

S/o Late K.Narayana, Aged 50 years,

KKR Brick Industries, Raghavapur village, Peddapalli Mandal, Karimnagar district.

4. Maruku Laxmi,

S/o Late Rajaiah, Aged 38 years,R/o Raghavapur village, Peddapalli Mandal,Karimnagar district.

5. Oddam Srinivas,

S/o Late O.Rajaiah, Aged about 36 years,R/o Raghavapur village, Peddapalli Mandal,Karimnagar district.

6. Narra Chenchu Naidu, S/o Not Known,

Aged 50 years, Prop. Of SBS Industries,Raghavapur village, R/o Ayyappa Temple,Peddapalli, Karimnagar district.

7. Maadala Venkanna S.o M.Subba Rao, Aged 35 years,Prop. P.V.C.Bricks Industries, Raghavapur village,R/o Near Nandana Gardens, Peddapalli,Karimnagar district.

8. Navvuluri Siddaiah, S/o Not known, Aged: 38 years,Prop. of Brick Kiln at Raghavapur village, R/o Shanthinagar, Peddapalli, Karimnagar district.

9. Sindla Narayana, S/o not known, Aged 45 years, Prop. SBK Industries, Raghavapur village,R/o Kalvacharla village, Kamanpur Mandal, Karimnagar district.

10. Pachava Vengaiah, S/o not known, aged 55 years, Prop. PVN Bricks Industries, Raghavapur village, R/o Opp. Government ITI Peddapalli, Karimnagar district.

11. Konijeti Harjathaiah, S/o Not known aged 48 years, Prop. BHI Brick Industries, Raghavapur village,Prop. BHI Brick Industries, Raghavapur village, R/o Opp. KVR complex, Pragathinagar, Peddapalli, Karimnagar district.

12. Gandla Rajamallu, S/o Not known, aged 55 years, Prop. GLS Bricks industries, Raghavapur village, R/o Kamanpur, Karimnagar district.

13. Gadde Babu Rao, S/o Unknown, aged 40 years, Prop. BBC Bricks Industries, Raghavapur village,R/o Opp. Ayyappa Temple, Peddapalli,Karimnagar disrict.

14. Madala Subba Rao, S/o Not known, aged 55 years,Prop. PVB Bricks Industries, Raghavapur village,R/o Opp. Ayyappa Temple, Peddapalli,Karimnagar disrict.15. P.Kondaiah, S/o not known, aged 45 years,Prop. PVC Bricks Indusries, Raghavapur village,R/o Near Nandana Gardens, Kunaram road,Peddapalli, Karimnagar district.

16. Pidugu Kanakaiah, S/o not known, aged 55 yearsProp. Of Brick Industry at Raghavapur village,R/o Kamanpur Bus Stage, Karimnagar district.

17. Patibandla Prabhakar, S/o not known aged 42 years,Prop. of Brick Industry at Raghavapur village, R/o Near Ayyappa Temple, Peddapalli, Karimnagar district.

18. Saindla Babu, S/o not known, Aged: 45 years, Prop. Of Brick Industry at Raghavapur village, R/o Kalvacharla of kamanpur Mandal, Karimnagar district.

19. P.Venkata Ramana, S/o not known, aged 45 years, Prop. Of a Brick industry at Raghavapur village, R/o Near Nandana Gardens, Kunaram road, Peddapalli, Karimnagar district.

.....RESPONDENT(S)

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue any appropriate writ, order or direction preferably a writ in the nature ofmandamus declaring the inaction of the respondents No.1 and 2 in not taking actionagainst the respondents 3 to 19 in the direction of closing the operation of brick kilnsby them and shifting them to a place distant from the house of the petitioner andother villagers as unjust, illegal and direct the respondents 1 and 2 to takeimmediate action in that regard.

Counsel for the Petitioner : Sri I.AGA REDDY

Counsel for the Respondent No.1 : Sri S.V.BhattCounsel for the Respondent No.2 : GP FOR REVENUE

The Court made the following :

HCJ & MNR,J

ORDER: (Per Hon’ble the Chief Justice)

A very innocuous prayer has been made in the writ petition seeking direction againstrespondents 1 and 2 to take action in accordance with provisions of the PollutionControl legislation since due to the action of respondents 3 to 16, residents of thelocality are facing environmental problems.

Petitioner alleged that a representation had been submitted to respondents 1 and 2,but no action has been taken.

We need not retain this writ petition on record, but direct respondents 1 and 2 that the representation of the petitioner in that this writ petition be treated asrepresentation and thereafter, respondents 1 and 2 may proceed to have theinspection carried out and in case private respondents impleaded herein are foundto be responsible for causing environmental problems, appropriate proceedings inaccordance with law will be initiated within a period of two months from the date ofreceipt of order from the Court and after hearing concerned parties, appropriatedirections, if any, as are required to be issued, will be issued thereby requiring theprivate respondents to comply with the same.

Writ Petition accordingly stands disposed of.

________________________

DEVINDER GUPTA, C.J.

______________________M.NARAYANA REDDY,J

31-12-2004

Note: Despatch copy within one week.

(b/o)

bsc

// TRUE COPY //

To

1. The Environmental Engineer,

A.P. Pollution Control Board, Regional office, Ramagundam, Karimnagar district.

2. The Mandal Revenue officer, Peddapalli,

..... REGISTRAR

SECTION OFFICER

Karimnagar district.

3. 2CCs to Govt. Pleader for Revenue, High Court buildings, Hyderabad (OUT)

4. 2CD copies

Form-NIC-OGS/WP{}