ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the Respondent No.3 in insisting upon production of pollution certificate in respect of the petitioner-unit as illegal, arbitrary, contrary to law violative of the petitioner’s fundamental right guaranteed under Articles 14, 19(1)(g) and 21 of the constitution of India and to direct the Respondent No.4 to accord No Objection Certificate for running the unit of the petitioner and consequently direct Respondent No.3 herein not to insist upon submission of Pollution Certificate as requested by the petitioner and pass such other orders.…”

2. The claim of the petitioner is that the petitioner/unit is a small manufacturing Mixture (Khara) established in the year 2015 under the name and style of Ranganatha Mixture Batti, situated at D.No. 18-1-172, Venugopala Nagar, Anantapuram by obtaining the relevant licences from the concerned authorities and doing business therein. There is no objection from the residents of the locality and functioning the unit without causing any inconvenience to the residents. At the instance of the competitors of the petitioner/unit, the 3rd respondent issued notice dated 03.08.2021 stating that the petitioner/ unit is causing pollution and directed the petitioner to produce all relevant licences before him. Surprisingly, on 05.08.2021 the 3rd respondent has issued second notice and directed the petitioner/unit to submit Pollution Certificate within seven days and insisted to close the unit till then. The petitioner submitted all relevant documents along with affidavits given by the residents of the locality to the respondents. On 06.08.2021 the petitioner made representation to the Mayor, Ananthapuram Municipality with a request to drop further proceedings in the matter, but no action has been taken so far. Hence the petitioner got issued legal notice dated 17.08.2021 to the Commissioner, Ananthapuram Municipality and Ward Sanitation and Environment Secretary requesting not to interfere with the activity of the petitioner/ unit. The petitioner also submitted a representation dated 20.08.2021 to the 4th respondent with a request to issue No Objection Certificate to the petitioner for running the unit, which is pending. While pending the said representation the 3rd respondents is trying to interfere with petitioner’s activity with an intention to close the same at the instance of competitors in the locality, which is illegal and arbitrary. Hence the petitioner is questioned the action of the 3rd respondent and requested to issue a direction as stated supra.

3. During hearing learned standing counsel appearing on behalf of the 4th respondent has submitted that the unit running by the petitioner comes under orange category and it requires to make application in certain formate and get acknowledgement from the competent authorities.

4. Learned counsel for the petitioner submitted that he has been running the unit since, six years and eking out his livelihood, but no one has raised any objection. As per demand made by the 4th respondent, the petitioner prepared to make application in prescribed formate and get acknowledgement, till such time requested to protect the business of the petitioner.

5. Learned standing counsel for the respondents 2 and 3 submitted that even though the 2nd respondent has granted Trade License in favour of the petitioner, but it requires environmental clearance certificate so as to run the unit by the petitioner and on that ground only the impugned notice has been issued by the respondents.

6. In view of the submissions made by the learned counsel, the Writ Petition is disposed of, while granting liberty to the petitioner to make an application with prescribed formate as suggested by the 4th respondent and get acknowledgment, till such time the respondents 2 and 3