T K S M KALYANASUNDARAM Vs. KALYANI AMMAL

JUDGEMENT

(1.) THIS revision petition is preferred against the orders of the First Class Magistrate (Executive), Karaikkal, in M. C. No. 18 of 1971 on his file giving certain directions to the petitioner herein (respondent in M. C. 18 of 1971 ).

(2.) M, C. No. 18 of 1971 was filed by the first respondent herein under Section 133, Cr. P. C. , in order to prohibit the working of the petitioner's industry in his rice mill situate in East Street, Neravy, a residential area, on the ground that the conduct of the said trade in the premises is injurious to the health and the physical comfort of the residents of that locality. The trade carried on by the petitioner is processing and boiling of paddy after it is soaked for softness in cisterns and the spreading of the boiled paddy on the open yard inside the mill premises for drying. The first respondent alleged nuisance by the foul smell emanating from the soaking cisterns, stagnation of water drained from these cisterns and the fly ash disseminated from the smoke belched out of the chimney while boiling of paddy with the use of husk as fuel. The Magistrate originally passed a conditional order under Section 133 (1), Cr. P. C. , to the effect that the petitioner should desist from soaking and softening paddy till he modified the cisterns so as to obviate foul smell emanating therefrom and should also desist from using husk in the boiling of paddy till necessary modifications are made to prevent fly ash from being emanated all- round. That conditional order was later made absolute. The petitioner filed Crl. R. C. 117 of 1972 on the file of the High Court and this Court, by order dated 5-1-1973, set aside the said order and remanded the matter to the Magistrate for disposal afresh after making a local inspection and after examining public health authorities and the Chief Medical Officer and after giving an opportunity to tooth the parties to lead additional evidence. It is seen from the order of the learned Magistrate that he made a local inspection of the industrial establishment after due notice to the parties and in the presence of the learned Counsel on 14-5-1973. He also examined one Dr. Benedict, the ex-Chief Medical Officer, Karaikkal. His report dated 8-51969 is marked as Ex. C-1. The learned Magistrate also considered the medical report of Dr. Carounanidhy the then Chief Medical Officer, who was also cross-examined by both parties with reference to his report dated 7-6-1973, which has been marked as Ex, C-2. The learned Magistrate also examined Dr. John Thomas whose report dated 30-41971, had been adverted to by the previous Magistrate and that has been marked as Ex. C-3. On a consideration of the evidence given by all the three Medical Officers, the learned Magistrate found that there was abnoxious smell emanating from the cisterns where the paddy is soaked, that the fly ash and smoke being belched out of chimney of the mill is deposited on the terrace of the first respondent herein, that the water from the cisterns of the soaked paddy is being let out by the open channels and allowed within the compound of the mill. According to the doctors, there is inconvenience caused by the mill in its vicinity and there is nuisance as a result of the soaking smell of the soaked paddy in the cisterns and as a result of the fly ash being carried by the blowing wind to the roofs around the mill and in particular to the terrace of the first respondent herein. The Magistrate also satisfied himself about the facts on his personal inspection of the mill. According to two doctors, the particles of the fly ash and the foul smell emanating from the soaking tube cause a nuisance and are certainly a source of inconvenience to human beings. Two of the doctors opined that the ashes and dust might cause injury to public health and they proposed some remedial measures.

(3.) ON a consideration of all the above circumstances and on his own personal satisfaction, the learned Magistrate ordered that the water in the soaking cisterns of the petitioner's mill be emptied and renewed every 24 hours, that the water let out of the cisterns be carried away by pipes to the nearby Thirumalaiarasanar river carrying back-waters and that any other alternative type of fuel be used for the oven instead of husk. The petitioner was directed to comply with the above orders within a period of 30 days, failing which the court would prohibit the working of the mill, as, in its opinion, it had resulted in injury to health and physical comfort of the residents of the locality. It is as against these directions, the petitioner has filed the present revision petition.