MADHAVI Vs. THILAKAN

JUDGEMENT

(1.) Petitioner herein, moved the Sub Divisional Magistrate, Fort Cochin for initiating proceedings under S.133 of the Code, for removal of nuisance. Respondents 1 and 2 are said to be running a workshop adjacent to petitioner's house, in a manner injurious to health and physical comfort of the community.

(2.) It is alleged that, repairs of autorikshaws, welding, painting and like operations are carried on from dawn to dusk, and late into night, causing nuisance. According to petitioner, this causes not only air pollution, but also noise pollution. It is alleged that, fumes emanating from the workshop are positive health hazards.

(3.) Learned Public Prosecutor invited my attention to a report made by the Sub Inspector dated 15-2-1985 to the effect that respondents 1 & 2 have committed the acts of complained of. But he says that, they should not be stopped from doing these because, that would deprive them of their livelihood.