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High Court for State of TelanganaWP/774/2017disposed of no costs

Sherla Laxmipati, S/O. Mallaiah, v. The State Of Telangana, Rep By Its

2017-01-05Ramesh Ranganathan,A.Shankar Narayana2 pages

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA Writ Petition No.774 of 2017 ORDER: (per Hon'ble the Acting Chief Justice Sri Ramesh Ranganathan) The relief sought for in this Writ Petition is to declare the action of respondents 1 to 6 in not taking appropriate action against the 7th respondent, pursuant to the petitioner's representation dated 23.12.2015 to prevent air pollution, water pollution and sound pollution causing health hazards to the villagers of the petitioner's village and other villagers within the vicinity of the 7th respondent-cement factory, as arbitrary and illegal.

In his representation dated 23.12.2015, the petitioner complained of several problems which the villagers were facing because of release of cement dust on their villages; their agricultural lands were getting water-logged which had resulted in a man-made drought, and in damaging the crops in the area; and the factory dust was covering all plants and trees, causing severe financial loss to the farmers.

Sri T.V.Ramana Rao, Learned Standing Counsel for respondents 2 and 3, submits that the petitioner's representation dated 23.12.2015 would be considered by respondents 2 and 3; and necessary action would be taken in accordance with law within two months from today.

In view of the submission made by the Learned Standing Counsel for respondents 2 and 3, we consider it appropriate to dispose of the Writ Petition directing respondents 2 and 3 to consider and dispose of the petitioner's representation dated

23.12.2015 in accordance with law within two months from today. Needless to state that, in case the contents of the petitioner's complaint are found to have some basis, the action which respondents 2 and 3 may consider taking shall only be after putting the 7th respondent on notice, and after giving them an opportunity of being heard.

The Writ Petition is, accordingly, disposed of.

The miscellaneous petitions pending, if any, shall also stand disposed of. No costs.

________________________________ RAMESH RANGANATHAN, ACJ ____________________________ A.SHANKAR NARAYANA, J Date:05.01.2017.

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