A VENKATA RAO Vs. N SATYANARAYANA

JUDGEMENT

(1.) This is an appeal preferred by the defendants 1 and 2 against the judgment of the learned Subordinate Judge, Tenali in AS No. 37 of 1980 by which he set aside the judgment passed by the learned District Munsif, Repalle in OS No. 559 of 1977 and then decreed the suit.

(2.) The respondents filed the suit for a declaration that the defendants 1 and 2 having no legal right to construct the rice mill or instal machinery in the plaint schedule site and for permanent injunction and for costs. They contended that they are residents of Nizampalli Village, that the house of the plaintiffs is on the Southern side of the suit property, that it is a residential locality, and that the defendants-appellants are proposing to construct a rice mill of 25 H.P. in the suit site. They contended that the appellants did not obtain the necessary permissions under the Public Health Act nor the consent of the other neighbours. The vibrations of the nuisance that may emanate from the mill will disturb the mental peace of the inhabitants, and will also disturb the sleep of the neighbours during the night. They also alleged that the smoke emanating from the rice mill and the other products and dust resulting therefrom, will cause injury to the health of the inmates. The 1st defendant sent objection petitions to the District Health Officer, District Collector and the Regional Director of Factories, Guntur, objecting to the construction. Hence the suit.

(3.) The defendants 1 and 2 contended that they applied to the Panchayat in 1977 for permission to construct a rice mill that the Panehayat passed resolution on 28-5-1977 permitting them to construct a rice mill, that the Commissioner of Civil Supplies granted permission on 10-8-1977 for construction of the rice mill, likewise the Chief Inspector of Factories and Boilers, Hyderabad as also the District Medical and Health Officer, Guntur, accorded necessary permissions on 20-9-1977 and 11-10-1977, respectively ; the 1st plaintiff gave his consent for the construction of the rice mill. The health authorities took the consent of the persons residing within 250 feet of the proposed rice mill and tnen granted permissions. The defendants have also spent Rs. 30,000/-. The suit is set up by some other rice millers who are jealous of the appellants and has to be dismissed.