Kum Faheem v. '1. The State of Telangana

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appiopriate Writ Order or Direction more particularly in the nature of Writ of Mandantus Declaring fhe impugned proceedings Lr. No. 114lBPCl2O16, Dt. 31 -10-20'l 6, issued by respondent No. 4 under the oral instructions of the respondent No, 3. in favour of respondent No. 5, illegal, improper and arbitrary and inviolation of the principles of natural justice, and in violation of the Fundamental Rights guaranteed under the Constitution and consequentially direct the respondents No. 2 to 4 to dispose of the representation of the petitioner Dt. 07-11-2O16. by stoping the illegal running of flour mill, chilli \ and turmeric in pre'nises No 6-43 at ward No, 6, Chegunla Village and Mandal, Medak District. I.A.NO;1 OF 2016 PMP.NO:5 3757 oF 2016) 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 preased to direct the responderrts No.2 to 4 to dispose of the representation of the petitioner dr. 07-11-2016, by r;toping the illegal running of flour mill, chilli and turmeric in premises No.6-43.rt ward No.6, chegunta viilage and Mandar, Medak District, pending disposal of the above writ petition. Counsel for the Petitioner : SRI ALI FAROOQUE Counsel for the Reslrondent Nos.1 to 3 : Gp FOR PANCHAYATH RAJ counsel for the Respondent No. 4 : sRl K. PRADEEP REDDY (sc FoRTc zpp- MPP-GPPS) Counsel for the Respondent No.5 : SRI N.MANOHAR The Court made the lbllowing ORDER THE HONOURABLIi SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION N .43559 0F 2016 ORD R l'his Writ Petition has been fitqd seeking a Writ of Mandamus declaring the irnpugned proceedings I-nNo. I l4lBpcl20l6 issued by the 4th respondent under the oral instructions ol- the 3"r respondent in favour of the 5'h 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.0l .11.2016 by stopping the illegal running of rhe flour miil, chilli and turmeric rnill in prernises No.6-43 at Ward No.6, Chegunta Village and Mandal, Medak District and to pass suclh othcr order or orders.

2. Brief facts leading to the filing of the present Writ petition are that the petitionel claims to be residertt of Chegunta Village in Ward No.6 which is adjacent 10 the propefiy of the 5'h respondent in which the 5'h respondent is running a flour milf lor grinding Atta, chilli and turmeric powder. 'l'he allegation ol rthe peririoner is that without obtaining any pcrrnission lrom thc concerned authorities, the 5'h respondent is running the said mill by taking domestic electricity .- \-'-'-1\ W.P No.li559 ol20l6 2 connection anc due to the running of the said mill. the petitioner's lamily as well as thc other residents of thc locality rLrc suflering lrorn varioirs health problems. It is subrnitted that the flour, r:hilli and turmet'ic rnill is causing pollution in the locality. It is stated tlrat thc property in rvhich the flour mill is being run is in a small lane of 8 to I0 t-eet rvidth in thickty populaled residential area and that the polhrtion is causing as skiu diseases, cough, eye diseases, etc., and the sr''nior citizens and chilct.en are urablc to live in such area. It is lurther stated that thc 5th rcspondent owtred some other properlies and he can shift the floul mill to that area. brtt for reasons best known to him, thc 5'l' rcspondent is continuing the flour mill in the thickty populated at'ca. It is subrnitted that the petitiorrcr and other residents theretbre nrade .t rept'csentation to responcients 21o 4, pursuant to which, a reporl ',vas called for by the 2"d respondent frorn the Telangana Sate Pollution Contr'.ll Board Regional Office-ll R.C.l)uratn, Medak District who inspeoted the said flour mi[[ on 10.03.2016 and submitted a rcpoft to the effl:ct that thc llour rnill/chilli mill is located in the residential area surror'tndcd by att the residential houses and is carryir.rg on grinding of the chitli powdel and tunncric and .rltta. Thcreafter, a sltow cause-noticc ,1t.17.03.2016 was issued by the r''l'respondent to the 5'l' responden: to ;hil1 the flour mill W. P.No.43 i59 of 20l6 3 within 30 days from thc date ol rcceipt of the notice. Howevcr, thc 5rh respondent did not respond and therefore, the 2nd respond ent, vide not-ice dr.10.05.2016, oncc again directed thc b"r respondent to take action against the 5tr' respondent. Accordingly, ttre 4'r' respondent issued notice on 11.05.2016 to the 5'h respondent to shift thc said mill. However, the 5'r'respondent did not respond and there{brc, the 4'h respondent under a panchanarna d1.30.05.2016 sealed the f)opr mill and lhe flour mi[[ was closed for some time. Pursuant to the 511' rcspondent's representations that his livelihood is deprived and that hc pill not run chilli and turmeric milt, the llour mill was reopened oq 08.07.2016 subjecl to his undertaking. It is stated that the 3'd resporpdent had orally instructed the 4'r'respondent to grant permission to the 5'r'rcspondent and accordingly, the 4'r' respondent has granted perrnissior-r, vide the impugned proceedings dt.3 1.10.2016, to run the $ourmill for Atta, chilli and turmcric with conditions not to jarn the trpflic in fiont of the tlour mill and not to give any trouble to the npighbours. Challcnging the permission given on 3 L I 0.201 6, the present Writ Petition has been tl lcd. \.-'..\'-.- .! W.P i,o ll5i9 of l0l6 4

3. [t is statr:d that the petitioner has made furthcr r.cprcsentation on

07. 1 1 .10 l6 to shop thc illegal running of the floLrr nill ancl sought a direction to resl)ondents 2to 4 to consider the same

4. l he 4th r cspondent has filed a counter affldar it cont'irrning that the llour, chil i and turrreric powder mill is beinq run by the 5'h lespondent in I- ouse No.6-43 in a lane in the 6'h warrl and that thc said lanc ends after the said llour ntill. It is subrnitted thar corrsccllrcnt to the rclllcsentation ,tl the w,rit petitioner, the 4th responrlent has issued a notice dt. 17.03 l0 t 5 to the 5th respondent and the :,'r' respor.tdent has givcn an erplarration and produccd a copy of the liccnce issued b-v the thcn municipal ty. 'l'he 5'l' respondent was thereaftcr issuccl notice to shifi the said Iour mill fiom the residential area and in reply to the san1e, the 5'h rcspondents submitted an explanation slating that he has obtained perrni;sion lrorn the municipality and thcl are eking their livelihood bv r,rnning thc said flour mill and that thcy l.rave erected vacuum loaders which absorb the dust efflux lrorn tlrc said mill. lt is subrritted thal ru1 enquiry was caused by the Pollution Conh.ol Board authorities and a repoft dt. 18.03.2016 was sublnittcd rccommendino action against tlrc said l'lour ntill and on the said recornrncndations. thc W.P.No 41559 ol20l6 5 Mandal Revenue Officer sealed the said flourmill, chitli and turmeric rnill on 30.05.2016 and therealier, again on the representation of the 5'h respondent, it was opened on 21.10.20 l6 subject to running only flour mill without causing any inconvenience to the surrounding dwellers. Accordingly, a letter dt.3 l. 10.20 l6 was issued irnposing conditions to take precautions not to spread any chilli powder, flour, turmeric powder into the lane and not to cause any irlconvenience to the surrounding dwellers. It is also stated that there are fivaI complaints by the petitioner and the 5th respondent against each other. Along with the counter affidavit are filed the copies of the notices issued to the 5'h respondent and his responses to the same. A copy of the licence granted to the 5'h respondent is also placed on record an( it is noticed that it is granted tbr running a flour mill only.

5. The petitioner has filed reply affidavit sraring l.hat the licence issued by the municipality in favour of the 5'h respondent was valid for a period of one year only, i.e., frorn Ot.Oi.ZOt+ ro 31.0i.20 l5 rhat roo lor running flour mill only. It is subntitted xhat after expiry olthe licence on

31.03.2015, there is no renewal ol the licence even lor running flour nrill, bLrt the 5'h respondent is continuing to do so. Along with the repty are filed photographs olthe lane and as ro horv the passage ol'the lane is ...- ." ""-- l W.P.No ll559 of l0l6 6 being blocked bv the 5'r' respondent and that he is also carrying on chilli poivder mill 'fhc 5'" rc;ponclcnt has not filed counter affidavrt' but has filed a

6. memo dt.09.0 7.2(\25 along with a copy of the liccncc glanted on I 8. 1 1.20 I 6 urrdt r'l'S-iPASS lor running flour mitl' He fitrthcr subrnitted that there is a c vil clispute between the lather of the petitioner ar.rd the 5tl' respondent ancl tllat clue to the salne, the writ petitroner has made a complairrt rvithotrt alrl' basis in order to cause inconvr:nicnce l-o lhe 5'h respondent. l{aving r(:!.arcl to thc rival contentions and the nraterial on rccord' 1. this Cor-,.1 lln<1s rhat admittedly, thc 5tl' respondent h.s bcen grantcd permission to rtrn tlour nlilt in the premises at House No 6-43' Cheguuta Viltage and M rrrdal' Medak District and the same ltas been renerved vrde plocecdirrirs I tt. 1 I .l0 I 6. Thc grievance ol the peLitioncr is not only about runrring ol' the llotrr rnitl but also running tttrtnet ic arrd chilli powdcr rnill in the said Premises The 'felangana State' I)olltrtion Control Board has alrcrrdv irlspected the prernises and have ol'scrvcd tl'rat the 5tr' ls lur.ru ir-tp. chilli and tun'nerlc powder mill without anY respondent licence Therelirre. action was recor-nmended. The 5'l respondcnt's mill - W.l'].No.4i 559 ol'2016 7 lvas sealcd and thcreafter reopened subject to the condition that he will run onlv flour mill and wilt not cause any inconvenicnce to othcr residents. I'hough the learned counsel fbr the 5'h respondent stated that except lbr the petitioner, there are no corinplaints lrom any othcr person in the village and that the villagcrs are happy with the flour mill, this Couft tlnds that the 5th respondent is running chilti and turmeric powder rrill without any permission. As seen lrdm the photographs filed along with thc countcr affidavit ol the 4'h respqndent and along witlt the reply filcd by'the petitioner, the said mill is located in thickly populated residential alea and if proper precautions are not taken, tlte chilli and I rurmelic mill is likely to cause serious hedlth problems.

8. Tlrerelbrc, rcspondents 2 to 4 are dlrectcd to re-inspect thc sub.ject prenrises ol the 5'r' respondent and if it is found that the mill is being run without. pernrission and chilti and turmeric powder are being rnilled without permission and the said activity is causing inconvenience and pollution in the locality. they shall take appropriate steps to stop running ol- the subject mill. The entirc exercise of taking appropriate steps and consequent stoppage of running of the mill shall be completed within a period of tr.vo months lrom the date of recpipt of a copy of this order. \-\\.1 W.1,.'Jo 4i 559 ol20l6 8

9. The Wrir Pctition is accordingly disposed of. No ordcr as to costs

10. Pending miscellancous petitions, if any, in this Writ Pctition shall stand c losed //TRUE COPY// SD/. U. SUDHA ASSI$raur REGISTRAR i.-- .j SECTION OFF ICER /--

1. The Principal {iecretary to Government, Panchayath Raj Dept, office at To Secretariat, State of Telangana at Hyderabad.

2. The District Collector, (Panchayath Wing), IMedak, Office at lMedak District. 3. The District Panchayath Officer, tVledak, O/o. Medak District. 4. The Executive Officer, (Panchayath Secretary), Gram, Panchayath Chegunta,( V) and (M), Medak District.

5. One CC to SRI ALI FAROOQUE, Advocate [OPUC] 6. One CC to SRI K. PRADEEP REDDY (SC FORTG ZPP-MPP- GPPS) Advoc;rte [OPUC]

7. One CC to SR N.MANOHAR, Advocate [OPUC] B. Two CD Copies 9. Two CCs to GP for Panchayath Raj, High Court for the State of Telangana, Hyderabad. (OUT) SA PVL r'x( -i rl E S.i4 (\ : 2 5 AlJ6 206 ./,,,a .:\ i a- HIGH COUR]I DATED:0610tt12025 ORDER WP.No.43559 of 2016 DtsPostNG o,F THE W.P WITHOUT COSTS.