M KUPPUSAMY Vs. PUBLIC V O C NAGAR

JUDGEMENT

(1.) This Revision is preferred by one M. Kuppusamy resident of V.O.C. Nagar Oddanchatram, Dindigul District questioning the legality and propriety of the order passed by the Sub-Divisional Magistrate/Sub-Collector. Palani in M.C.NO.6/99/A6, dated 24-12-1999.

(2.) The public of V.O.C. Nagar, Dharapuram Road, Oddanchatram seems to have presented a petition before the Executive Magistrate requesting him to take steps to stop the functioning of Hollow Block Cement Factory run under the name and style of "Kuppama Hollow Block" situated at V.O.C. Nagar, New Dharapuram Road, Oddanchatram complaining that the said factory is injurious to the public health because it creates lot of noise and dust due to use of machineries. It is also stated that the respondent himself on a prior occasion had objected to the running of a Saw Mill in the same area by one M. Arumugam.

(3.) The order refers to a show-cause notice said to have been sent to the respondent/ revision petitioner, dated 27-11-1999. Anyhow the order does not state as to whether the respondent appeared or participated in the enquiry, On the basis of the petition given on behalf of the public of V.O.C. Nagar, Oddanchatram, the Executive Magistrate has thought it fit to pass an order stating that the Factory run by the respondent is causing nuisance to the people and it also affects the public health and pollutes the area and on the basis of this conclusion, he has ordered the closure of Hollow Block Factory of the respondent.