CHIMME JOHN BARNABAS Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) IN this writ petition, the petitioner, an Advocate and a permanent resident of Nandikotkur Village and Mandal, Kurnool District questions the action of respondent nos. 2 to 4 in not taking any action against respondent nos. 5 and 6 who indulged in cutting of 120 Babul trees in a tank called Malayala Water Tank near the Nandikotkur Municipality allegedly without valid permission and misappropriating the amounts realized by way of sale of wood to timber depots in spite of a representation dt. 30.06.2014 made by the petitioner to the 3rd respondent.

(2.) ACCORDING to the petitioner, this Tank was being used by villagers as drinking water source and on account of improper maintenance, thorn bushes had grown around it which made it imperative to clear them to prevent the tank from getting polluted by accumulation of dust and tree leaves; but 5th respondent in collusion with 6th respondent and his supporters Fakir Chand Basha, Shaik Khasim Wali, while removing the thorn bushes, also removed 120 Babul trees more than 30 years old located near the tank, shifted the wooden logs to timber depots and misappropriated the sale proceeds. Petitioner alleged that the cutting of the trees destroyed the healthy atmosphere in the village and there was no necessity to cut them since they were not causing any hindrance to anybody. He contended that he made written complaint to respondent nos. 2 to 4 but they did not take any action against respondent nos. 5 and 6 and therefore, he filed the present writ petition.

(3.) PURSUANT to the above order, the 3rd respondent directed the Addl. Joint Collector, Kurnool to conduct an enquiry and submit a report to him. On 05.08.2014, the said Official proceeded to Nandikotkur, conducted a detailed enquiry, recorded statements of representatives of various public organizations, Municipal Officials including the 5th respondent, persons involved in this activity and also verified connected files in the Municipal Office apart from making a field inspection of the tank along with the Tahsildar. He submitted a detailed report in Rc. No. CC/113/2014 dt. 07.08.2014 to the 3rd respondent.