Injunction suit for not to work black smith work
basavaraj shiromani
(Querist) 20 October 2011
This query is : Resolved
Sir,
Plaintiff filed a suit for injunction against the defendant for not to do his traditional Blacksmithy work. (Specially in Karnataka State All black smithies family are situates in the middle of the villages or cities and do there work.)
The Plaintiff could have asked for the releif to avoid the pollution, but instead he asked for the relief that the defendant to restrain from doing is blacksmity work near the plaintiff's house. Whetehr the suit for injunction is maintainanble without approaching the pollution boad prior to filing of the suit ?
Raj Kumar Makkad
(Expert) 20 October 2011
There remains no need to first approach pollution control board and then to file civil suit. These two remedies are different. If civil right of Plaintiff is infringed, he may also file civil suit but in the given facts, his suit is not maintainable as none can be restrained to perform his profession.
ajay sethi
(Expert) 20 October 2011
agree with Mr makkad
jatin sharma
(Expert) 20 October 2011
agree with above expert
kuldeep kumar
(Expert) 20 October 2011
filing suit and getting relief r different.he is at work and his hathoda will ring......
prabhakar singh
(Expert) 21 October 2011
There can not be issued any injunction for not to carry a profession which he is carrying in the same house from time of his ancestors,neither right,nor irreparable injury is in favor of plaintiff who does not have serious matter to be tried for.
Sailesh Kumar Shah
(Expert) 21 October 2011
Further you can complain before municipal authority/development authority. they also take action accordingly.
