THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.276 of 2008 ORDER: The petitioner established a coffee shop in the Ponnur Town to sell coffee powder way back in the year 1959. It appears that there are several disputes between the petitioner and his neighbour, the second respondent herein. On a complaint made by the latter, the first respondent issued a notice dated 19.04.2007 requiring the petitioner to arrange chimney so that the dust and smoke does not spread in the area. The petitioner states that the same was arranged for. A final notice was issued by the Municipality on 22.12.2007 requiring the petitioner to close the unit. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The only grievance against the petitioner is that the coffee dust is causing pollution. This itself is some what farfetched. There is hardly any town in which the dust pollution is not beyond the permissible limits. It is indeed surprising that the first respondent has treated the coffee dust that emerges occasionally whenever the petitioner runs the mill as a source of pollution. The petitioner has stated that the chimney as required under the show cause notice was arranged. There is no reference to the said fact. Assuming that the petitioner did not arrange that chimney, it cannot constitute the basis for the first respondent to close the unit. The writ petition is allowed and the impugned notice is set aside. The petitioner shall, however, be under obligation to arrange a chimney and not to run the mill after 9.00 P.M. on any day. There shall be no order as to costs. L.NARASIMHA REDDY,J Dt. 03.03.2011 lvl THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 276 of 2008 Dt. 03.03.2011