A. K. BBATTACHARJEE, J.

( 1 ) IN this writ petition, the petitioner has alleged that the added Respondent No. 2 K. Sankara Rao was running a large scale poultry in the vicinity of his residence and that on account of mass killing and dressing of birds there, a public nuisance of grievous nature has been created hazarding health to the neighbours. He accordingly filed an application under section 133, Cr. P. C. before the Sub-Divisional Magistrate, South Andaman, Port Blair for causing an enquiry and taking necessary action for removing the said nuisance. It has been alleged that in spite of filing of the said application and subsequently pursuing the same by sending reminders, the Magistrate did not take any action so far. Accordingly, it has been alleged that Magistrates inaction caused injury to the petitioner and so he has prayed for an order of mandamus directing the Magistrating concerned to act in accordance with law. The first respondent is the Sub Divisional Magistrate, South Andaman. Although due notice was served on the Ld. Govt. Pleader, he has not enteryd appearance to defend the said respondent. No. Affidavit-in-Opposition has also been filed on his behalf. The added

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