LAWS(KER)-1980-11-17

RAGHAVAN NAIR Vs. VENKITAKRISHNAN

Decided On November 26, 1980
RAGHAVAN NAIR Appellant
V/S
VENKITAKRISHNAN Respondents

JUDGEMENT

(1.) The counter petitioner in a petition filed by the Health Inspector, Primary Health Centre, Vadakkancherry under S.44 of the Travancore - Cochin Public Health Act, (Act XVI of 1955) before the Judicial Magistrate of II Class, Alathur, has filed this petition under S.482 of the Code of Criminal Procedure, to quash the proceedings.

(2.) The first respondent herein, the Health Inspector in the Primary Health Centre, Vadakkancherry filed a petition as aforesaid alleging that the petitioner herein, the proprietor and licensee of Kamala Vilas Hotel in Nemmara Panchayat being run in building No. 2-530 as a licensee, is letting out sullage water from the hotel to the adjoining road that the hotel and the portions on the back of it are being kept in an unhygienic and insanitary condition and that public health is affected. He therefore prayed that an order may be passed prohibiting the petitioner from using the building for human habitation or conducting a hotel until nuisance is abated or the building is rendered fit therefor. The proceedings are challenged by the petitioner's counsel on three grounds, namely, 1) that the proceedings are invalid, since the complaint was not preceded by a notice under S.42 of Act 16/1955, 2) that the Health Inspector is not competent to prefer a complaint and 3) the complaint is devoid of bona fides.

(3.) Chap.6 of Act 16/1955 (for short the Act) relates to abatement of nuisances. We are concerned only with S.39 to 44 in this chapter, S.40 makes it the duty of the local authority to cause its local area to be inspected from time to time with a view to ascertain existence of nuisance calling for abatement and to enforce the provisions of the Act in order to abate such nuisance. S.41 authorises any aggrieved person to give information to the officers of the local authority regarding the existence of any nuisance.