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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. SESHASAYEE, J.
N. Mohan - Appellant
Versus
The Superintendent of Police, Madurai & Others - Respondent
Crl.O.P.(MD) No. 2731 of 2019
Decided On : 22-03-2022
Section 133 Cr.P.C - Public Nuisance - The court directed the respondents to take action under Section 133 of the Criminal Procedure Code against the respondents and issue a direction for removal of drainage water mixing with drinking water.
Fact of the Case:
The petitioner filed a petition under Section 482 of the Criminal Procedure Code to direct the respondents to take action under Section 133 Cr.P.C. against certain individuals and issue a direction for removal of drainage water mixing with drinking water.
Finding of the Court:
The court acknowledged the complaint of public nuisance and directed the respondents to take action under Section 133 Cr.P.C. The court also emphasized that public nuisance does not depend on ownership over the property and should be abated regardless of ownership.
Issues: The main issue was the existence of public nuisance and the ownership of the property causing the nuisance.
Ratio Decidendi: The court emphasized that public nuisance requires abatement regardless of property ownership and directed the matter to be referred to the Executive Magistrate for appropriate inquiry and decision on the property title.
Final Decision: The Criminal Original Petition stands disposed of, with the direction for action under Section 133 Cr.P.C. against the respondents and leaving the issue of property title open for the parties to agitate before another forum.
JUDGMENT
(Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to direct the respondents 1 and 2 to take action under Section 133 of Criminal Procedure Code against Sasidaran, Venkatraj and Kasturi Kanmani, the respondents 3 to 5 respectively and issue a direction for removal of drainage water mixing with drinking water.)
1. This petition is filed to direct the respondents 1 and 2 to take action under Section 133 Cr.P.C.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.
3. The petitioner complains of public nuisance and requires the respondents 1 and 2 to take action under Section 133 Cr.P.C.
4. The learned counsel appearing for the respondents 3 to 5 submitted that the petitioner himself is an encroacher and there is no public nuisance.
5. Suffice to say for the present that the public nuisance of this nature does not depend on ownership over the property. Even the property is owned by one, yet if nuisance is caused to the public that necessarily requires to be abated. This Court has now only made a statement, but, does not get into the rival allegations as to the existence or absence of public nuisance in the instant case.
6. The learned Additional Public Prosecutor submitted that the matter would be referred to the Executive Magistrate.
7. Since the matter is likely to go before the Executive Magistrate and the Executive Magistrate is directed to hold such appropriate enquiry and decide the issue as to the title to the property is left open for the parties to agitate speedily before another forum of competent jurisdiction.
8. In view of the above, the Criminal Original Petition stands disposed of.
Public nuisance requires abatement regardless of property ownership, and the court can direct action under Section 133 Cr.P.C. to address the nuisance.
The court ruled that the elements of public nuisance were not established, leading to the quashing of prior orders.
Proceedings under Section 133 Cr.PC require evidence of public nuisance; private disputes cannot be adjudicated under this provision.
The main legal point established in the judgment is the mandatory requirement of passing a conditional order for the removal of nuisance under Section 133(1) of the CrPC and the consequences of non-c....
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