APHC010066602023 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3639/2023 Between: 1. G.EKAMBARAM, S/O.CHINNABBA, AGED CONDUCTOR APSRTC, R/O.D.NO.1 PAPANAIDUPET POST, YERPEDU MANDAL, TIRUPATI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY(PANCHAYAT RAJ), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT AT TIRUPATI. 3. THE TAHSILDAR, YERPEDU MANDAL, TIRUPATI DISTRICT. 4. THE PANCHAYAT SECRETARY, PENNUMALLAM PANCHAYAT, SACHIVALAYAM, YERPEDU MANDAL, TIRUPATI DISTRICT. 5. PENNAGADDAM YATHI SHANKAR, S/O.VENKATA SUBBAIAH, AGED- 40 YEARS, OCC, FIELD ASSISTANT, MGNREGS, PENNAGADDAM HARIJANAWADA, PENNAGADDAM VILLAGE. YERPEDU MANDAL, TIRUPATI DISTRICT. 6. PENNAGADDAM SRIDHAR, YEARS, R/O.PENNAGADDAM VILLAGE HARIJANAWADA, YERPEDU MANDAL, TIRUPATI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3639/2023 G.EKAMBARAM, S/O.CHINNABBA, AGED- 43 YEARS, OCC CONDUCTOR APSRTC, R/O.D.NO.1-8A, PENNAGADDAM VILLAGE, PAPANAIDUPET POST, YERPEDU MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY(PANCHAYAT RAJ), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT AT TIRUPATI. THE TAHSILDAR, YERPEDU MANDAL, TIRUPATI DISTRICT. THE PANCHAYAT SECRETARY, PENNUMALLAM PANCHAYAT, LAYAM, YERPEDU MANDAL, TIRUPATI DISTRICT. PENNAGADDAM YATHI SHANKAR, S/O.VENKATA SUBBAIAH, 40 YEARS, OCC, FIELD ASSISTANT, MGNREGS, PENNAGADDAM HARIJANAWADA, PENNAGADDAM VILLAGE. YERPEDU MANDAL, TIRUPATI DISTRICT. PENNAGADDAM SRIDHAR, S/O.GURAVAIAH, AGED ABOUT YEARS, R/O.PENNAGADDAM VILLAGE HARIJANAWADA, YERPEDU MANDAL, TIRUPATI DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI 43 YEARS, OCC- 8A, PENNAGADDAM VILLAGE, PAPANAIDUPET POST, YERPEDU MANDAL, TIRUPATI DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY(PANCHAYAT RAJ), SECRETARIAT BUILDINGS, THE DISTRICT COLLECTOR, TIRUPATI DISTRICT AT TIRUPATI. THE TAHSILDAR, YERPEDU MANDAL, TIRUPATI DISTRICT. THE PANCHAYAT SECRETARY, PENNUMALLAM PANCHAYAT, LAYAM, YERPEDU MANDAL, TIRUPATI DISTRICT. PENNAGADDAM YATHI SHANKAR, S/O.VENKATA SUBBAIAH, 40 YEARS, OCC, FIELD ASSISTANT, MGNREGS, PENNAGADDAM HARIJANAWADA, PENNAGADDAM VILLAGE. S/O.GURAVAIAH, AGED ABOUT- 45 YEARS, R/O.PENNAGADDAM VILLAGE HARIJANAWADA, ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDMUS declaring the action of the respondents No.2 to 4 failed to stop the illegal construction of temple (one the name of Ramalayam in a drainage channel) made by the respondent No.5 and 6 in Sy.No.161/2, Penumallam Revenue Fields, Yerpedu Mandal, Tirupati District classified as Canal as arbitrary, illegal against Art.19, 21 and 300-A of the Constitution of India and to pass IA NO: 1 OF 2023 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 pleased to direct the respondents No.2 to 4 to stop the illegal construction of temple by the respondents No.5 and6 in Sy.No.161/2, Penumallam Revenue Fields, Yerpedu Mandal classified as Canal is contrary to G.O.Ms.No.376, DT-29-11- 2012 pending disposal of the above writ petition and to pass IA NO: 2 OF 2023 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 pleased to vacate the interim orders dated. 20-02-2023 passed in WP No. 3639 of 2023 and pass Counsel for the Petitioner: 1. NAGARAJU N Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. D V SASIDHAR 3 The Court made the following order: The grievance of the petitioner is that respondent Nos.2 to 4 are not taking steps to stop the illegal construction of a temple by respondent Nos.5 and 6 in survey No.161/2, Penumallam Revenue fields, Yerpedu Mandal, Tirupati District which is classified as ‘canal’. 2. Heard Ms Ramani, learned counsel, representing Sri Nagaraju Naguru, learned counsel for the petitioner, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, Sri M.Sudhir, learned standing counsel for Gram Panchayat and Sri D.V.Sasidhar, learned counsel for unofficial respondents. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that respondent Nos.5 and 6, with their political support, are trying to encroach upon the irrigation canal admeasuring Ac.3.40 cents in survey No.161/2 of Penumallam village, which is the only source of water for irrigation. She further submitted that in the name of constructing a temple, they are illegally collecting funds from villagers and on 27.01.2023, laid a foundation in the canal land for construction of Ramalayam. She further submitted that though the petitioner lodged a complaint through spandana on 30.01.2023, the revenue authorities have not taken any action till date. She further submitted that it would suffice if a direction is given to the respondent authorities to take appropriate action against the unauthorized constructions in accordance with law. Hence, prayed to pass appropriate 4 orders in that regard. She placed on record the copy of G.O.Ms.No.376, dated 29.11.2012 and draws the attention of this Court to the contents thereof. 4. On the other hand, leaned standing counsel for Gram Panchayat placed on record the written instructions of the Panchayat Secretary, Pennumallam Gram Panchayat dated 04.12.2025 submitted that respondent Nos.5 and 6 did not obtain any permission for construction of temple in survey No.161/2 which is classified as ‘Kaluva Poramboku’. However, the authorities shall look into the same and take steps in accordance with law. 5. Learned counsel for unofficial respondents, while reiterating the contents of the counter affidavit contended that the Deputy Executive Engineer, Irrigation Sub-Division, Srikalahasti, issued proceedings dated 03.04.2023, granting no objection for construction of a temple adjacent to the surplus course of Penumallam Tank in the subject land. The said no objection was issued based on the representation made by the villagers and the instructions of the Executive Engineer, Irrigation Division stating that the subject land is uncultivable and during rainy seasons, no water is flowing over the kaluva poramboke land in survey No.161/2. He further submitted that the Revenue Department proposed to establish a Solid Waste Processing Centre in an extent of Ac.0.30 cents in Survey No.161/2, which is classified as a ‘canal’, on the ground that the land is no longer a water-prone area and is fit for construction, as such, it is crystal clear that the subject land, though classified as a canal, is not presently a water body. He further submitted that the Gram Panchayat issued No Objection Certificate for construction of temple 5 and also passed a resolution on 16.01.2023 permitting construction of the temple in the subject land. Hence, prayed to dismiss the Writ Petition. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. It is the contention of learned counsel for the petitioner that despite brining to the notice of the authorities, by way of representation through spandana dated 30.01.2023, that a temple was being constructed in the land classified as ‘canal’, no action has been initiated by the respondent authorities. The written instructions of the Panchayat Secretary indicate that no permission for construction of temple has been granted in the subject land. 8. Perusal of the proceedings of the Deputy Executive Engineer, vide DEE/ISD/SKHT/21M dated 03.04.2023 indicates that an extent of 60 ft x 40 ft of land was allotted for construction of temple, subject to certain conditions and accordingly No Objection Certificate was also issued for construction of Ramalayam. This Court is not inclined to go into the aspect as to whether the said proceedings were rightly issued or not, since the said proceedings have not been challenged. By virtue of G.O.Ms.No.376, Panchayat Raj & Rural Development (Pts.IV) Department, dated 29.11.2012, the District Collector is the competent authority for granting permission for construction of a building intended for public worship or religious purposes. The Hon’ble Apex Court, in a catena of judgments, has held that lands classified as tanks or water bodies are required to be protected and land comprised in water bodies cannot be alienated to any person even if it is dry. 6 9. In view of the facts and circumstances of the case, it is a bounden duty cast upon the respondent authorities to look into the issue and take necessary steps, if it is found that the said construction is contrary to law. Hence, this Court is inclined to dispose of the Writ Petition with the following directions. 1) The Principal Secretary, Irrigation Department- respondent No.7 is directed to look into the proceedings of the Deputy Executive Engineer vide DEE/ISD/SKHT/21M dated 03.04.2023 and verify whether the same have been issued in accordance with law, and if not, to take appropriate steps in accordance with law. 2) The District Collector, Tirupati District shall verify whether the subject temple is being constructed by respondent Nos.5 and 6 with the requisite permission, and if not, shall take appropriate steps in accordance with law, by issuing proper notices and inviting explanations. 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 05.12.2025 MP 7 329 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.3639 of 2023 05.12.2025 MP