water from the watercourse
were in the nature of a "continuing nuisance" as to
which the cause of action was renewed ... wrongful interference with a right of way constitutes a
continuing nuisance ( Nazimulla v. Wazidulla AIR (1916)
Cal 733). With great deference, it must be said
petitioners committed offence
under Section 291 IPC. It defines 'continuance of nuisance after injunction
to discontinue' in the following words:-
“291.continuance ... lawful authority to issue such injunction not to
repeat or continue such nuisance, shall be punished with
simple imprisonment for a term which may extend
repeated or continued it. The authority under which a
Magistrate can order or enjoin a person against repeating or
continuing a public nuisance is Section ... continue such nuisance”. The statutory scheme contemplates
commission of public nuisance, passing of an injunction order
restraining its commission and continuance or repetition
reads as under:-
“143. Magistrate may prohibit repetition or continuance
of public nuisance
A District Magistrate or Sub-divisional Magistrate, or
any other Executive Magistrate ... this behalf, may
order any person not to repeat or continue a public
nuisance, as defined in the Indian Penal Code
repeated or continued it. The authority under which a
Magistrate can order or enjoin a person against repeating or
continuing a public nuisance is Section ... continue such nuisance”. The statutory scheme contemplates
commission of public nuisance, passing of an injunction order
restraining its commission and continuance or repetition
Senior Inspector
of Police to contend that the deceased was causing
continuous nuisance to residents since morning from 7-8
a.m. till
action for implementation of the decision
already taken with respect to the nuisance
caused to the petitioners and others on account
of the prawn farming ... 6605 OF 2021(A)
3
out that the nuisance continues. Therefore,
the petitioner seeks a direction to the
respondents again for consideration of the said
pathway owned by the petitioners
forthwith and in the event of continuing the aforesaid
illegalities by the respondents No. 5 & 6, necessary steps ... further direct him to take immediate
steps to stop their continuing nuisance of the respondents
No. 5 & 6 as aforesaid, forthwith."
2. Heard
Municipal Corporation, Gwalior by return filed on
2/8/2021 reveals that nuisance pointed out in this PIL has since been
removed.
However, learned counsel ... record on 3/8/2021
accompanied by photographs, pointed out that nuisance continues to exist in
the said public lane/street due to blockage
Committee report are recorded and accepted.
(ii) Since it is a continuing nuisance, the Pallavaram
Municipality as well as Chitlapakkam Town Panchayat
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