Dadala Murali v. State Of Andhra Pradesh

HON'BLE THE CHI EF JUSTI CE SRI THOTTATHI L B. RADHAKRI SHNAN AND HON'BLE SRI JUSTI CE RAMESH RANGANATHAN WRI T PETI TI ON No.22993 of 2018 ORDER: (per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) We have heard the learned counsel for the petitioners, the learned Government Pleader for Panchayat Raj and Rural Development for respondent No.1, the learned Government Pleader for Revenue for respondent Nos.2 to 7, the learned Standing Counsel for Grampanchayat for respondent No.8, the learned Government Pleader for Home for respondent No.9 and the learned Standing counsel for A.P. Pollution Control Board for respondent No.11.

Notice to respondent No.12 is dispensed with reserving its right to seek the re-hearing of the writ petition, if aggrieved by the directions contained herein.

The plea raised by the petitioners, who are 25 in number, is that the activity of the 12th respondent is resulting in pollution and infringes the statutory provisions concerned. The activity of the 12th respondent is stated to be processing and otherwise dealing with aquatic life, either by way of preservation or processing, export etc. The minimum requirement in such a situation is for the 11th respondent to look into any complaint that has been made by the petitioners and to carry out a responsible operation of considering such objections in the light of the quality of the activities carried out by the 12th respondent. This has to be with notice to the 12th

respondent, due inspection and other assessments of the premises of the 12th respondent. The petitioners will also be given an opportunity of hearing. However, it is not necessary for them to be permitted to participate in any visit that the 11th respondent's officials may carry out in the premises of the 12th respondent. Let all this be carried out within four weeks from the date of receipt of a copy of this order and a representation from the petitioners. Writ petition is ordered accordingly.

Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

___________________________________ THOTTATHI L B. RADHAKRI SHNAN, CJ ___________________________________ RAMESH RANGANATHAN, J Date: 09.07.2018 va/vv