SWAMINA SATYANARAYANA MURTHY Vs. PANINGIPALLI VISWANADHAM
HIGH COURT OF ANDHRA PRADESH
Swamina Satyanarayana Murthy
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MADHAVA REDDY,J. -
(1.) These two Appeals arise out of suit O.S. No. 148 of 1966 on the file of the District Munsif, Kakinada, which was a suit for mandatory and permanent injuctions and for awarding damages of Rs. 200.
(2.) The facts giving rise to the suit may be briefly stated: The plaintiff who is the owner of building bearing Door No. 59-5-2-A, in Ward No. 23 Jagannaickpuram locality of Kakinada town, complained that Srikrishan Iron Foundry Works located in the adjacent T.S. No. 7 in premises bearing Door No. 23/59-17-5 is causing nuisance by working the foundry not only in the day time but also during nights. It is alleged that heavy lathe machines are installed under a shed which is open on all sides with chimenys opening just above the shed. The smoke emanating from the chimney spreads into his house, the working of several heavy machines in the foundry causes continuous noise and constant vibration causing nuisance to the inmates of the plaintiff's house. The smoke, the fire p and the fumes of sulphur and other chemical substances that emanate from this foundry are effecting the health and are hazardous to the residents of the locality and in particular to the residents of the plaintiff's house. The plaintiff purchased the house in which he is at present residing under Exhibit A-17, dated 20th July, 1956 and he alleges that the defendant constructed the shed in which the foundry is located in 1959. He complained of the nuisance to the Municipal Authorities, but no action was taken and the nuisance was not abated. He also gave suit notice on 12th February, 1963 setting out the above facts and complaining about the nuisance and requesting the defendant to abate the nuisance and threatening to file a suit The defendant denied that any nuisance was caused by the working of the foundry. The suit was, therefore, filed on 19th March, 1965 for a mandatory injunction to abate the nuisance viz., noise and vibrations caused by the machines in the defendant's foundry; smoke, fire particles and gas emanating from the same entering into the plaintiff's house; smoke and foul odour produced by cooling waste material containing sulphur, coal and other substances produced in the process of melting iron in the furnace entering into the plaintiff's house by taking such necessary steps; for a permanent injunction restraining the defendants from working the foundry during nights i.e., between 6.00 P.M. to 6.00 A.M. and from causing nuisance and annoyance of any kind in future and for recovery of a sum of Rs. 200 from the defendants by way of damages for the nuisance and annoyance suffered by the plaintiff. While stating the above facts the plaintiff further averred that the area in which the defendant's foundry is located, is not an industrial area.
(3.) The defendant resisted the suit inter alia stating that the foundry was located in an industrial area after obtaining a valid licence from the Municipality. The foundry itself conforms to the Factory Act and the Rules made thereunder, that it has been in existence ever since 1935 and that it was not constructed for the first time in 1955. It has all along been working without giving cause for any complaint from any quarters and that the plaintiff s grievance is unfounded.;
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