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1975 Supreme(Mad) 92

RATNAVEL PANDIAN
T. K. S. M. Kalyanasundaram – Appellant
Versus
Kalyani Ammal and Another – Respondent


Advocates Appeared:A. A. Selvam, N. Natarajan, Advocates.

Judgment :-

This revision petition is preferred against the orders of the First Class Magistrate (Executive), Karaikkal, in M.C. No. 18 of 1971 on his file giving certain directions to the petitioner herein (respondent in M.C. 18 of 1971).

2. M.C. No. 18 of 1971 was filed by the first respondent herein under Section 133, Cr.P.C., in order to prohibit the working of the petitioner's industry in his rice mill situate in East Street, Neravy, a residential area, on the ground that the conduct of the said trade in the premises is injurious to the health and the physical comfort of the residents of that locality. The trade carried on by the petitioner is processing and boiling of paddy after it is soaked for softness in cisterns and the spreading of the boiled paddy on the open yard inside the mill premises for drying. The first respondent alleged nuisance by the foul smell emanating from the soaking cisterns, stagnation of water drained from these cisterns and the fly ash disseminated from the smoke belched out of the chimney while boiling of paddy with the use of husk as fuel. The Magistrate originally passed a conditional order under Section 133(1), Cr.P.C., to the effect that the peti




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