J PUSHPANGATHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has come to this court, aggrieved by Ext.P3 order dated 30/08/2006, which on the face of it states that it is an order under Chapter 10B of Section 133 Cr.P.C. The petitioner has come to this court alleging that the order is grossly illegal and does not comply with the terms of Chapter 10B. The petitioner came to know after the writ petition was filed that the District Collector has subsequently withdrawn Ext.P3 order but have chosen to issue a fresh conditional order under Section 133 Cr.P.C. A copy of that order dated 25/09/2006 is produced as Ext.R4(a) by the respondent and as Ext.P7 by the petitioner. The respondent, District Collector proceeded simultaneously to pass a further order under Section 142 Cr.P.C (a copy of which is produced as Ext.R4(b)).

(2.) The dispute is about the conduct of a workshop by the petitioner. A neighbour, respondent No.4 is running an Ayurvedic Hospital adjacent to the said workshop. She complained of nuisance and approached the District Collector. It is thereupon that Ext.P3 as well as Exts.R4(a) and R4(b) orders have been passed by the District Collector.

(3.) The learned counsel for the petitioner submits that the petitioner is willing to appear before the District Collector, in accordance with the provisions of Chapter 10B. He only prays that the order of injunction under Section 142 Cr.P.C (copy of which is produced as Ext.R4(b) may be suspended and the District Collector may be directed to pass a fresh order under Section 142 Cr.P.C, after hearing both parties.