THRESSIAMMA Vs. SEBASTIAN MATHEW

JUDGEMENT

(1.) This appeal has arisen questioning the judgment arid decree delivered by the Sub Judge, Pala in A.S.No. 14 of 1998.

(2.) Appellant as plaintiff filed O.S.No. 29 of 1997 on the file of the Munsiff's Court, Ettumannoor for a relief restraining the defendant, respondent herein, from constructing the factory for the manufacturing of cement cavity box in plaint item No.2 of the respondent, lying on western side on the following averments. Appellant is the owner of plaint item No. 1 which is lying on the eastern side. The respondent is attempting to construct a factory for the manufacturing of cement cavity box in his property. He has left only 5 metres. If the respondent is permitted to put up such a construction for the manufacturing of the bricks, such factory will pollute the atmosphere, would cause Asthma to the husband of the appellant and would affect the education of the students, studying in the college and such pollution would also impair the hearing of the people residing in the locality.

(3.) Suit was resisted by the respondent on the ground that the averments found in the plaint are totally inadmissible, only on getting report from the Factory Inspector, getting consent letters from the neighbours and members of the Panchayat, report from the Panchayat Authority, etc., he applied for the licence for running the factory. The Panchayat passed a resolution and issued the licence and the objection raised by the predecessor in title of the appellant was rejected. Therefore, the letter sent by the District Medical Officer after the issuance of the licence to cancel the same is unwarranted and he has no authority to do so.