( 1 ) THE Writ Petition is filed seeking Writ of Mandamus directing the respondents not to permit the 5th respondent to set up rice mill at Akiveedu village or any other place within the residential area of Akiveedu Gram panchayat by setting aside the resolution passed by the 1st respondent Gram panchayat dated: 19-10-1996 as also the permission granted by the 3rd and 4th respondents dated 15-4-1996 and 25-4-1996 respectively.

( 2 ) ACCORDING to the averments in the Writ Petition the permission was given by the authorities for construction of the rice mill in the residential area of akiveedu Gram Panchayat where there are pucca residential houses. Further, the 1st petitioner obtained permission for construction of a hospital and they also have residential houses in that area. The 5th respondent was proposing to construct a rice mill in S. No. 334/12,334/13,335/1 and 335/2 of Akiveedu village abutting the Kalavapudi-Ganapavaram Road with 74 H. P. Electric motor and 82. 5 KVH Generator. Coming to know of such a proposal by the 5th respondent they made complaints to the District Collector and other authorities, but there was no response. It is the case of the petitioners that the Medical Officer of Mandal Primary Health Centre inspected the site and found that the establishment of rice mill was objectionable. A resolution was passedby the Gram Panchayat on 19-10-1996 and consequently, the permission was granted to the 5th respondent to construct the rice mill. It is stated that the permission was contrary to G. O. Ms. No. 63 dated 2-5-1995, as it prohibits the setting-up of a rice mill in the residential areas. Further, there are all residential houses abutting the rice mill. Lions Club had constructed an auditorium and Public School is existing in that area. If the rice mill is allowed to be constructed, it creates nuisance, health hazards. Therefore, petitioners seek appropriate directions.

( 3 ) WHILE admitting the Writ Petition, interim stay was granted, butsubsequently, the directions were modified to the effect that it is open for the 5th respondent to construct a rice mill at his peril.

( 4 ) COUNTERS have been filed by the Gram Panchayat and the 5th respondent and also the Government.

( 5 ) THE 1st respondent in the counter stated that there were no residential houses nearby the place proposed for construction of rice mill by the 5th respondent. All the survey numbers mentioned are all agricultural lands and they have not been converted into residential area. It is the case of the 1st respondent that the petitioner is running a Nursing Home in the village itself. Petitioner Nos. 2 to 5 are residing in the Industrial area, Petitioner Nos. 6 and 7 are the encroachers on the P. W. D. land and Petitioner No. 8 is the wife of the 1st petitioner, Petitioner Nos. 9 and 10 have no house-sites within the Gram panchayat limits. 5th respondent made an application in March, 1996. Technical approval was granted on 15-4-1996 and the 4th respondent directed the Gram Panchayat to grant permission duly incorporating the conditions. Basing on the clearance issued by the Inspector of Factories and also the regional Dy. Director for Town and Country Planning, Rajahmundry, the Gram panchayat has considered the matter and passed the resolution granting permission to construct the rice mill by the 5th respondent. With regard to the permission by the Medical authorities, it is stated that in view of g. O. Ms. No. 9, dated 10-1-1994 and 385 dated 29-6-1994 and 316 dated 20-6-1994, the permission is required under Section 125 (4) (b) of A. P. Gram panchayats Act could be dispensed with. The Gram Panchayat granted the permission which is valid and is in accordance with law. It is also the case of the Gram Panchayat that no objections were received after the permission was granted. The proposed Rice Mill was Binny Modern Rice Mill and therefore, there will not be any nuisance or health hazards, as the dust would not emanate from th