M, Seetharam Reddy vs The State Of Telangana
2021 Latest Caselaw 3823 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                  AND
       THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                      I.A.No.1 of 2021
                            AND
              WRIT PETITION (PIL) No.308 of 2020

COMMON JUDGMENT:        (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




      The present public interest litigation has been filed

against respondent No.9/Spinnmax Tyres Private Limited

stating that the said respondent established an industry in

violation of environment laws. It is stated that it is a

polluting industry and it is within the area of half kilometre

radius of G.O.Ms.No.111. All kinds of wild allegations are

made in the wit petition filed in the form of Public Interest

Litigation without verifying the facts about the establishment

of the industry.

Now the petitioner himself for the obvious reasons has

filed I.A.No.1 of 2021 for withdrawal of the writ petition. He

has come out with the case that there is a consent order

dated 23.12.2019 for establishment of the industry and as

the consent order has been brought to his notice, he wants to

withdraw the present public interest litigation.

Respondent No.9 has stated before this Court that

incorrect facts have been mentioned in the public interest

litigation in respect of location of industry and it is certainly a

frivolous public interest litigation.

In the considered opinion of this Court as an application

for withdrawal has been filed, the same deserved to be

allowed. However, for filing a frivolous public interest

litigation against an industry even though it is having all

permissions for establishing the unit, exemplary costs has to

be imposed.

Resultantly, I.A.No.1 of 2021 is allowed and the writ

petition is dismissed as withdrawn subject to imposition of

costs of Rs.1,00,000/- (Rupees one lakh only) to be paid to

the Prime Minister's COVID-19 relief fund within a period of

30 days from today. It is needless to mention that in case the

amount is not paid within 30 days, the Collector, Ranga

Reddy District shall recover the costs as arrears of land

revenue and shall transmit the same to the Prime Minister's

COVID-19 relief fund with intimation to the Registrar General

of this Court.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J

29.11.2021 ES