IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4477 of 2006 Date of decision: 13.08.2009 Municipal Council, Muktsar …Petitioner versus Shamer Lal Sharma, Senior Advocate, District Courts, Muktsar and others. .....Respondents CORAM: HON’BLE MR. JUSTICE K.KANNAN Present: None. ----- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? K.Kannan, J.(Oral) 1. By virtue of an interlocutory application, the plaintiff had sought for the reliefs against the Municipal Council, Muktsar, to remove the menace of stray cows, bulls, pigs and mad dogs and ensure the safety and free movement of inhabitants of the city of Muktsar. The trial Court granted the relief and the Appellate Court affirmed the same. The municipality is the revision-petitioner before this Court. 2. Unfortunately, neither party is present and even when there are no arguments advanced, I find that a direction to remove the stray cows, bulls, pigs etc. shall not be a matter of interim relief. The question whether a nuisance does exist shall be a matter of evidence and cannot be decided by a Court at the interlocutory stage. For the relief of abatement of nuisance which the inhabitants of a town complain, there shall be Civil Revision No.4477 of 2006 - 2 - appropriate evidence secured by the Court. An interim order passed in a cavalier fashion for what would merely be a populist exercise will come to nothing if no enforcement mechanism is in place. While one expects the municipality to respond to the grievances of the members of public, it shall not be a matter of judicial intervention with no evidence available and a decision for abatement of nuisance granted only on the basis of averments in the affidavit can not be sustained. The order of the trial Court as affirmed by the order of the Appellate Court, are set aside. 3. The trial Court is directed to dispose of the case after allowing the parties to adduce suitable evidence and render a decision as expeditiously as possible within a period of six months. The civil revision is allowed. No costs. (K.KANNAN) JUDGE 13.08.2009 sanjeev