FAHEEM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition has been filed seeking a Writ of Mandamus declaring the impugned proceedings Lr.No.114/BPC/2016 issued by the 4th respondent under the oral instructions of the 3rd respondent in favour of the 5th respondent, as illegal, improper and in violation of principles of natural justice and unconstitutional and consequently to direct respondents 2 to 4 to dispose of the representation of the petitioner dt.7/11/2016 by stopping the illegal running of the flour mill, chilli and turmeric mill in premises No.6-43 at Ward No.6, Chegunta Village and Mandal, Medak District and to pass such other order or orders.

(2.) Brief facts leading to the filing of the present Writ Petition are that the petitioner claims to be resident of Chegunta Village in Ward No.6 which is adjacent to the property of the 5th respondent in which the 5th respondent is running a flour mill for grinding Atta, chilli and turmeric powder. The allegation of the petitioner is that without obtaining any permission from the concerned authorities, the 5th respondent is running the said mill by taking domestic electricity connection and due to the running of the said mill, the petitioner's family as well as the other residents of the locality are suffering from various health problems. It is submitted that the flour, chilli and turmeric mill is causing pollution in the locality. It is stated that the property in which the flour mill is being run is in a small lane of 8 to 10 feet width in thickly populated residential area and that the pollution is causing as skin diseases, cough, eye diseases, etc., and the senior citizens and children are unable to live in such area. It is further stated that the 5th respondent owned some other properties and he can shift the flour mill to that area, but for reasons best known to him, the 5th respondent is continuing the flour mill in the thickly populated area. It is submitted that the petitioner and other residents therefore made a representation to respondents 2 to 4, pursuant to which, a report was called for by the 2nd respondent from the Telangana Sate Pollution Control Board Regional Office-II R.C.Puram, Medak District who inspected the said flour mill on 10/3/2016 and submitted a report to the effect that the flour mill/chilli mill is located in the residential area surrounded by all the residential houses and is carrying on grinding of the chilli powder and turmeric and Atta. Thereafter, a show cause-notice dt.17/3/2016 was issued by the 4th respondent to the 5th respondent to shift the flour mill within 30 days from the date of receipt of the notice. However, the 5th respondent did not respond and therefore, the 2nd respondent, vide notice dt.10/5/2016, once again directed the 3rd respondent to take action against the 5th respondent. Accordingly, the 4th respondent issued notice on 11/5/2016 to the 5th respondent to shift the said mill. However, the 5th respondent did not respond and therefore, the 4th respondent under a panchanama dt.30/5/2016 sealed the flour mill and the flour mill was closed for some time. Pursuant to the 5th respondent's representations that his livelihood is deprived and that he will not run chilli and turmeric mill, the flour mill was reopened on 8/7/2016 subject to his undertaking. It is stated that the 3rd respondent had orally instructed the 4th respondent to grant permission to the 5th respondent and accordingly, the 4th respondent has granted permission, vide the impugned proceedings dt.31/10/2016, to run the flourmill for Atta, chilli and turmeric with conditions not to jam the traffic in front of the flour mill and not to give any trouble to the neighbours. Challenging the permission given on 31/10/2016, the present Writ Petition has been filed.

(3.) It is stated that the petitioner has made further representation on 7/11/2016 to shop the illegal running of the flour mill and sought a direction to respondents 2 to 4 to consider the same.