Andhra Pradesh High Court - Amravati
C. Ramachandraiah, vs The State Of Andhra Pradesh, on 9 March, 2021
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI AND THE HONOURABLE SRI JUSTICE A V SESHA SAI WRIT PETITION NO: 5585 OF 2021 Between: C. Ramachandraiah, S/o. Polaiah, age 50 years, Occupation-Farmer, R/o. Rachagunneri Village, Srikalahasthi Mandal, Chitoor District. Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Forest and Environment Department, Velagapudi, Vijayawada. 2. Andhra Pradesh Pollution Control Board, Represented by its Member Secretary, PPCB D.No.33-26-14 D/2, Near-Sunrise Hospital, Pushpa Hotel Center, Chalamalavari Street, Kasturbaipet, Vijayawada - 520 010. 3. The Environment Engineer, Andhra Pradesh Pollution Control Board, Near- LIC Office, Balaji Colony, Tirupathi, Chittoor District, The Director General, Fire Services, Governorpeta, Vijayawada. The District Fire Officer, Office of the District Fire Office, Chittoor. The Station Fire Officer, Office of AP,O,S,D,R and Fire Services, Kothapeta, Srikalahasthi, Chittoor District - 517 644. 7. M/s. Srikalahasthi Pipes Ltd, Rep. by Managing director, (Formally Lanco Industries Ltd.,), Rachagunneri village, Srikalahasthi Mandal, Chittoor District. Respondents Ons Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus declare in action of the respondent No.3 to 6 not taking any action on the complaint/representation of the petitioner dt.19-6-2020 and 15-1-2021 against respondent No.7 company running the company without maintaining fire safety measures and without obtaining Fire License from the official respondents and without taking any precautionary measures to avoid water and dust pollution is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondent No.3 to 6 to take immediate action on the representation/complaint submitted by the petitioner dt.19-6-2021 and 15-1-2021 against respondent No.3 company IA NO: 1 OF 2021 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 respondent No.3 to 6 to take immediate action on the complaint submitted by the petitioner dt.20-6-2020 and dt.15-01-2021 against the respondent No.7 company with immediate action running the 7" respondent company without maintaining fire safety measures and without obtaining Fire License from the official respondents, pending disposal of WP 5585 of 2021, 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 upon hearing the arguments of SRI GANDYADAPU RAJESHAM Advocate for the Petitioner, and the Court made the following. ORDER:
[Proceedings taken up through Video Conference] "The petitioner has approached this Court alleging that the industry run by respondent No.7 is causing pollution. It is his contention that respondent No.7 does not have "No Objection Certificate" issued by the Fire Department. Representations made to the respondent authorities have remained unheeded. Hence, the present writ petition. Learned Senior Counsel, who entered appearance for respondent No.7, submits that the writ petitioner is a disgruntled former employee and has instituted this litigation in malicious manner. The industry has all licenses and is being run lawfully.
In view of the grievances expressed, we are of the opinion that the issue requires to be looked into by the respondent authorities in the first place. Accordingly, we direct respondent Nos.3 to 6 to make inspection of the industry premises of respondent No.7 and submit report with regard to the issue as to whether the industry has all relevant licenses including Fire License and Environmental Clearance for running the same in accordance with law. The respondent authorities shall give notice to respondent No.7 for conducting inspection and it shall be open to respondent No.7 to place on record necessary and valid licences to the said authorities. Report by respondent Nos.3 and 6 shall be filed before this Court on the next date of hearing.
Adjourned. pp .
Post on 6.4.2021". n.V.SubramanyaSarma STANT REGISTRAR ne i eT ~ ITTRUE COPY// For ASSISTANT REGISTRAR To, . The Secretary, Forest and Environment Department, State of Andhra Pradesh, Velagapudi, Vijayawada.
. The Member Secretary, Andhra Pradesh Pollution Control Board, PPCB D.No.33-26-14 D/2, Near-Sunrise Hospital, Pushpa Hotel Center, Chalamalavari Street, Kasturbaipet, Vijayawada - 520 010. . The Environment Engineer, Andhra Pradesh Pollution Control Board, Near- LIC Office, Balaji Colony, Tirupathi, Chittoor District, . The Director General, Fire Services, Governorpeta, Vijayawada. . The District Fire Officer, Office of the District Fire Office, Chittoor. . The Station Fire Officer, Office of AP,O,S,D,R and Fire Services, Kothapeta, Srikalahasthi, Chittoor District - 517 644. . The Managing Director, M/s. Srikalahasthi Pipes Ltd, (Formally Lanco Industries Ltd.,), Rachagunneri village, Srikalahasthi Mandal, Chittoor District. (Addresses 1 to 7 by RPAD) . One CC to SRI GANDYADAPU RAJESHAM Advocate [OPUC] . One CC to SRI V.'SURENDRA REDDY, Standing Counsel for AP Pollution Control Board
10. Two spare copies HIGH COURT JBJ & AVSSJ DATED:09/03/2021 POST ON 06-04-2021 ORDER WP.No.5585 of 2021 DIRECTION