Telangana High Court
Mr. Wasim Ahmed Khan vs The Union Of India on 4 December, 2023
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.6410 of 2011
ORDER:(Per the Hon'ble the Chief Justice Alok Aradhe) None for the petitioner.
Ms. B.L. Kanakavalli, learned Standing Counsel for Municipal Administration and Urban Development and Health Department for respondent No.2.
Mr. K. Ravinder Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation for respondent No.4.
Mr. P. Devender, learned Standing Counsel for South Central Railway for respondent No.6.
Mr. K.R. Koteshwara Rao, learned Standing Counsel for Cantonment Board for respondent No.7.
2. In this public interest litigation, the petitioner has prayed for the following relief;
"For the reasons stated in the accompanying affidavit the Petitioner herein pray that this Honourable court may be pleased to issue a Writ of Mandamus or any other appropriate writ order or direction by:
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(a) Declaring the action of the Respondent no.1 to 8 in not controlling and eradicating the mosquito menace in the entire state of A.P., as illegal and unconstitutional.
(b) To direct the Respondent No. 1 to 8 to take appropriate steps by releasing sufficient funds for the control and eradication of Mosquitoes and the consequent out break of Malaria, Chikungunya, Dengue, Filaria diseases etc., in the entire State of A.P.
(c) To direct the Respondent no. 2 to 8 to take up anti larval operations on large scale by destroying and covering up all the mosquito breeding places besides undertaking regular fogging and chemical sprayings in the entire State of A.P.,
(d) To direct the Respondent no. 2 to 8 to forthwith repair all their faulty unused vehicles, spraying units and other equipments on priority basis or to purchase new ones in their place.
(e) To direct the Respondent no. 2, 4 and 5 to regularize the services of the existing temporary employees who are deputed by the GHMC and other Municipalities to control the mosquito and malaria menace by making them permanent employees, so that they can efficiently discharge their duties seriously and happily
(f) To direct the Respondent no 5 to stop all the over flowing sewerage drains in the twin cities with immediate effect, if necessary by replacing the old narrow drainage pipes with new broad pipes:
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(g) To direct the Respondent no. 6 to cover up all the open nalas and canals in their areas and to keep all their open places and other properties free from mosquito menace by regularly cutting and clearing the wild bushes, grasses, etc., and by destroying all the mosquito breeding points and to undertake regular fogging and chemical spraying in their colonies and properties.
(h) To direct the Respondent no. 7 to purchase necessary vehicle mounted fogging units and other spraying equipments out of their budget and to undertake regular fogging in their areas and also to keep all their open places and other properties free from mosquito menace and garbage by regularly cutting and clearing the wild bushes, grasses, etc., and by destroying all the mosquito breeding points by dumping soil and earth.
(i) To direct the respondent no. 8 to cover up all the mosquito breeding and water stagnation points and to cut down and clear all the wild growth bushes and grasses etc., and also by undertaking regular fogging and chemical spraying in their area.
(j) To direct the Respondents no. 6 and 7 to see that all their open places are kept clean and sweeped on regular basis and to cut down all the wild growth.
(k) To direct the respondent no. 1 to 7 to clean up all their water bodies, tanks ponds, etc., lying in their areas by removing the hyacinth weeds and growth and to breed ::4::
gambusiya and guppy fish in all the water bodes which will sat the mosquito larva and prevent the growth of mosquito.
(l) To direct the Respondent no, 2 to 7 to mix low density mineral oils in alt the water bodies and water stagnation points for destroying the mosquito Turvas
(m) To direct the respondent no. 2 to 8 to evolve and follow new scientific methods for eradicating the mosquito menace in the entire state of A.P. by giving special training to their staff and to exchange scientific technology and knowledge from other states in this regard.
(n) To direct the Respondent no.2 to convert the Sir Ronald Ross Institute at Begumpet into a tourism spot or as permanent Malaria Research Center as a mark of respect to the discoverer of Malaria parasite.
(o) To pass any other relief or reliefs which this Honourable court may deem fit and proper in the circumstances of the case and in the interest of justice.
3. Learned counsel for the respondents while inviting the attention of this Court to the measures taken by respondents which had been narrated in the counter affidavits have submitted that the cause in the writ petition does not survive for consideration.
4. In view of the aforesaid submission, the writ petition is disposed of.
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Miscellaneous petitions, pending if any, stand closed. There shall be no order as to costs.
_________________________ ALOK ARADHE, CJ _________________________ ANIL KUMAR JUKANTI, J Date: 04.12.2023 ES