THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26493 of 2011 ORDER: The notice issued, under Section 133 of the Code of Criminal Procedure, calling upon the petitioner to take immediate steps for shifting the poultry farm to a distance of at least 100 meters from the residential houses in all directions within one week, and otherwise further criminal action would be initiated against him, is the subject matter of challenge in this Writ Petition. Section 133(1) of the Cr.P.C. enables the Executive Magistrate, if he is so empowered by the State Government, to pass a conditional order requiring the person causing or carrying on a trade or occupation to remove any obstruction or nuisance within a specified period. The said provision also requires the Executive Magistrate, in case the person against whom the conditional order is made objects so to do, to direct him to appear before him at a time and place to be fixed by the order, and to show cause why the order should not be made absolute. The notice issued under Section 133, as is clear from the order impugned in the Writ Petition, is a conditional order for removal of nuisance. The petitioner is entitled to submit his objections thereto. If the petitioner objects, the Executive Magistrate is then required to give him an opportunity to show cause why the order should not be made absolute, that too only after calling upon the said person to appear before him. Since, what is under challenge in these proceedings is merely a notice, and as the petitioner can as well submit his objections thereto, I see no reason to interfere with the impugned proceedings. It is made clear that, in case the petitioner submits his objections to the show cause notice within one week from today, the respondent shall take action thereafter strictly in accordance with Section 133 of the Code of Criminal Procedure. The Writ Petition stands disposed of accordingly. No costs. ___________ 27-09-2011 asp