THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26769 of 2025

ORDER

Heard learned counsel for the petitioners and Sri.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

“to declare the inaction of respondent Nos.2 and 3 in taking the appropriate measures to restrain the operations of respondent No.6 despite the direction vide Letter Lr.No.Complaint/GDP/PCB/RO- RRD/2025-418 dated 15.07.2025 issued by respondent No.5 Environmental Engineer, TGPCB and Complaint dated 22.08.2025 lodged by petitioners against respondent No.6 constitutes failure to prevent Noise Pollution posing a serious threat to the Petitioners health safety and well being as violation of the petitioner’s Fundamental Right to Life guaranteed under Article 21 of the Constitution of India.

(b) To direct the respondent Nos.2 and 3 to take appropriate and necessary action based on the Letter vide Lr.No. Complaint/GDP/PCB/RO-RRD/2025-418 dated 15.07.2025 issued by respondent No.5 Environmental Engineer, TGPCB and on the Complaint dated 22.08.2025 lodged by the petitioners against respondent No.6 in view “K Ajay Krishna and Ors v. Union of India and Ors W.P.No.21783 of 2024, G.O.Ms.No.172 dated 12.10.2010 issued by Government of AP and Noise Pollution Regulation and Control Rules 2000;

(c) Consequently, direct the respondent No.6 to cease and shut down the Service centre operations being conducted permanently at the premises situated at Plot No.9, 10-15, 16(p), 39, 55 to 59 Survey No. 340/2, Near Swiss Castle Bakery, Narsinghi, Gandipet Mandal, Ranga Reddy District, Hyderabad, and to make suitable alternate arrangements.

3. Brief facts stated in this writ petition are that petitioners are senior citizens suffering from various health conditions, residing at Plot No.203, Jasmine Apartments, near Swiss Castle Bakery, Narsinghi, Hyderabad. The case of the petitioners is that the respondent No.6 had initially opened a Hyundai Car Showroom and at the back side of the said showroom had set up a ‘Service Centre” in residential area where the petitioners are residing. The said service centre is opened for the purpose of washing cars, cleaning of car mats, denting-panting etc., for which high pressure compressed air are used and the same is causing noise pollution leading to severe mental distress and other health issues. It is further submitted that the noise starts as early as 8:00 A.M. in the morning and continues through out the day and sometimes till 9:30 P.M. at night. Hence, the petitioners, through their counsel, issued legal notice dated 11.03.2025 and requested respondent No.6 to relocate the service centre from the residential area. The copy of notice dated 11.03.2025 was also sent to respondent No.4. It is further submitted that the respondent No.6 neither replied to the notice dated 11.03.2025 nor had taken any measures to control the noise and air pollution. The respondent No.4, on 16.04.2025, registered the petitioners’ grievances vide complaint ID:15826 and deputed one Mr.Siddharth, Assistant Engineer, to inspect the service centre. The inspection was done on 07.07.2025 and the respondent No.5 vide letter bearing Lr.No.Complaint/GDP/PCB/RO-RRD/2025-418 dated 15.07.2025 submitted a report to respondent No.2 and requested to take further necessary action and when no action was initiated, the petitioners on 22.08.2025, by way of email and Speed Post made an urgent complaint before respondent Nos.2 and 3 and requested to take immediate action. However, the same is also pending. Aggrieved by the same, this wit petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 placed on record instructions issued by Sub-Inspector of Police, Narsingi Police Station, Cyberabad Commissionerate, wherein it is stated t