MOHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Section 482 of the Criminal Procedure Code, 1973 (for short the CodeT) is directed Mohanlal v. State of M.P. & ors against the revisional order dated 31.8.84 passed by the Additional Sessions Judge, Mandsaur whereby the order passed under Sec. 133 of the Code by the Sub-Divisional Magistrate, Mandsaur has been maintained.

(2.) Circumstances giving rise to the application are these. On the application filed by the non- applicant Ramchandra against the petitioner and others that the lime kilns run by them cause pollution and, therefore, be ordered to be closed, the learned S.D.M., passed the order dated 9.7.84 under Section 133 of the Code. He thereby required the petitioner to close his kiln with immediate effect and in case he has objection, to appear and prefer the same before him on 19.7.84 and further to explain why the aforesaid order should not be made absolute.

(3.) Section 133 of the Code provides that whenever the S.D.M. considers that conduct of any trade or occupation is injurious to the health or physical comfort of the community and that in consequence, such trade or occupation should be prohibited or regulated, he may make a conditional order requiring the person carrying on such trade or occupation, within a time to be fixed in the order, to desist from carrying on or to remove or regulate in such manner as may be directed, such trade or occupation or if be objects to it, to appear at a time and place to be fixed by the order and show cause why the order should not be made absolute.