PERIYAMMAL Vs. VALARMATHI

JUDGEMENT

(1.) I will first deal with the Second Appeal.

(2.) PLAINTIFF in O.S.No.677 of 1989 on the file of District Munsif's Court, Perambalur, is the appellant in the Second Appeal. She filed the suit for a permanent prohibitory injunction restraining the respondent (defendant) from starting any rice mill or flour mill. According to her, installation of such a mill will cause grave nuisance and also affect her health. It is said that she is residing in Ward No.1, House No. 103-C, in Vadakkalur Village, Perambalur Taluk, and the defendant is making arrangements to instal a flour mill with 25 H.P. within a distance of 25 feet. According to her, if it is allowed, she will be put to serious hardship.

(3.) THE following substantial question of law was raised for consideration at the time of admission of Second Appeal: "Whether the lower appellate court failed to consider the distance of 25 feet in between the appellant and the respondent's rice mill""