Andhra Pradesh High Court - Amravati
Pemmadisuribabu vs The State Of Andhra Pradesh on 21 August, 2020
Bench: J K Maheshwari, D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI - (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY :-PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI AND THE HONOURABLE SRI JUSTICE D. RAMESH WP (PIL) NO: 105 OF 2020 Between: Pemmadi Suribabu, S/o Satyanarayana, Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Revenue Department Secretariat, Tulluru, Velagapudi, Guntur District 2. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Muncipal Administration and Urban Development Authority Secretariat, Tulluru, Velagapudi, Guntur District The Commissioner of Fisheries, Bandar Road, Poranki Vijayawada - 521137, Krishna District Andhra Pradesh The Joint Director of Fisheries, State Institute of Fisheries Technology Jaganaikpur, Kakinada - 533002 East Godavari District, Andhra Pradesh The Directorate of Ports, Rep by its Director Beach Road, Kakinada-533007 East Godavari District, Andhra Pradesh Andhra Pradesh Coastal Management Authority Ministry of Environment Forest and Climate Change, Rep by its Member Secretary D.No.33-26-14 D/2, Near Sunrise Hospital Chalamavari Street, Kasturibaipet Vijayawada-520010, Andhra Pradesh 7. A.P. Pollution Control Board, Rep by its Environmental Engineer Regional Office, H.No.2-532 Santhi Nagar, Near DIC office Ramanayapeta, Kakinada - 533 005 8. The District Forest Officer, Near Collector bungalow, Bhanugudi Junction East Godavari District, Kakinada-533003, Andhra Pradesh 9. The District Collector R R Road,, Kakinada-533001 East Godavari District, Andhra Pradesh 10. The Commissioner, Kakinada Municipal Corporation Kakinada, East Godavari District Andhra Pradesh 11. The Tahasildhar, Kakinada Urban Kakinada, East Godavari District Andhra Pradesh. oa a fF & Respondents Petition under article 226 of the Constitution of India praying that in the circumstances stated in the affidavit field herein, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents in permitting the construction by uprooting the Mangrove trees and filling the creeks for construction of houses in T.S. No's 2004, 1985/3, 1990, 374, 376, 387 at Dummulapeta, Suryaraopeta, Kakinada, which is Coastal Regulation Zone/High tidal area abutting the sea shore, especially when the entire globe is grappled with the deadly virus i.e. pandemic Covid-19, as being arbitrary, illegal and violative of Articles 14, 19 and 300-A of the Constitution of India besides in contraventions of the guidelines framed to control Covid-19 pandemic by the World Health Organization and consequently direct the Respondents not to uproot the Mangrove trees and not to fill the creeks for construction of houses in T.S. No's 2004, 1985/3, 1990, 374, 376, 387 at Dummulapeta, Suryaraopeta, Kakinada pending Writ Petition, and issue such other Writ or order or direction as deemed lit and proper in the circumstances of case. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to not to uproot the Mangrove trees and not to fill the creeks for construction of houses in T.S. No's 2004, 1985/3, 1990, 374, 376, 387 at Dummulapeta, Suryaraopeta, Kakinada, pending disposal of WP(PIL) 105 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and order of the High Court dated 27-04-2020, 04-05-2020, 41.05.2020, 22.05.2020, 27.07.2020 & 04-08-2020 made herein and upon hearing the arguments of Sri Prasada Rao Pamula Advocate for the Petitioner, Sri ©. Sumon, Special GP for the Respondent Nos.1,2,4 & 9 and of Sri M. Manohar Reddy, Standing Counsel for Respondent No.10, the Court made the following ORDER:
(taken up through video conferencing) Sri Prasada Rao Pamula, learned counsel, appearing on behalf of the petitioner requests for time to file rejoinders to the counter-affidavit filed by the respondents.
By way of last indulgence, one week time is allowed to the petitioner to file rejoinders to the counter-affidavits filed by the respondents. It is made clear that in case, rejoinders are not filed within the time stipulated above, appropriate orders vacating the interim order of status quo granted earlier may be passed on the next date of listing. List after one week.
Till then, interim order, passed earlier, shall continue. y Sd/-K. TATARAO | ASSISTANT REGISTRAR TRUE COPY// FOR ASSISTANT REGISTRAR To
14. One CC to Sri Prasada Rao Pamula, Advocate [OPUC]
2. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
3. loon to GP for Municipal Administration, High Court of Andhra Pradesh.
4. Two CCs to GP for Fisheries, High Court of Andhra Pradesh. [OUT]
5. Two CC to GP for Pollution Control Board, High Court of Andhra Pradesh (OUT)
6. Two CC to Sri C. Sumon, Special GP, High Court of Andhra Pradesh (OUT) 7 One spare copy , HIGH COURT HCJ & DRJ DATED: 21.08.2020 NOTE: LIST AFTER ONE WEEK ORDER WP.(PIL).No.105 of 2020 EXTENSION OF EARLIER INTERIM ORDER.