Andhra Pradesh High Court - Amravati
Pemmadisuribabu vs The State Of Andhra Pradesh on 27 July, 2020
Author: M. Satyanarayna Murthy
Bench: M. Satyanarayna Murthy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MONDAY ,THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M. SATYANARAYNA MURTHY AND THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WP (PIL) NO: 105 OF 2020 Between: -- Pemmadi Suribabu, S/o Satyanarayana, Ne oe Petitionérs™ AND 4. 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 3. The Commissioner of Fisheries, Bandar Road, Poranki Vijayawada - 521137, Krishna District Andhra Pradesh 4. The Joint Director of Fisheries, State Institute of Fisheries Technology Jaganaikpur, Kakinada - 533002 East Godavari District, Andhra Pradesh 5 The Directorate of Ports, Rep by its Director Beach Road, Kakinada-533007 East Godavari District, Andhra Pradesh 6. 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 Bones Hospital Chalamavari Street, Kasturibaipet Vijayawada-520010, Andhra radesh 7. AP. Pollution Control Board, Rep by its Environmental Engineer Regional Office, + 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 41. The Tahasildhar, Kakinada Urban Kakinada, East Godavari District Andhra Pradesh. 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 1.€. pandemic Covid-19, as being arbitrary, illegal and violative of Articles 44, 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, 4985/3, 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. 1A 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, 4990, 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, 11-05-2020 & 22-05-2020 made herein and upon hearing the arguments of Sri Prasada Rao Pamula Advocate for the Petitioner, Sri C. 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:
For filing affidavit adopting the counter filed in WP No.8221/2020 and WP No.8849/2020.
Post on 03.08.2020.
Interim order, granted earlier shall continue until further orders.
Sd/- M. SURYANATHA REDDY ASSISTANT REGISTRAR /ITRUE COPYI/ a FOR ASSISTANT REGISTRAR To
1. One CC to Sri Prasada Rao Pamula, Advocate [OPUC]
2. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
3. Two CCs to GP for Municipal Administration, High Court of Andhra Pradesh. [OUT]
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 SriC. Sumon, Special GP, High Court of Andhra Pradesh (OUT)
7. One CC to Sri M. Manohar Reddy, Standing Counsel (OPUC) 8 One spare capy TVR HIGH COURT MSMJ & LKJ DATED:27-07-2020 POST ON 03.08.2020 ORDER WP(PIL).No.105 of 2020 STATUS QUO EXTENDED