Best Advocates for NUISANCE CASES in Chennai, Tamil Nadu, India
In the modern world, nuisance spans across our daily lives. It can be blaring noise from loud speakers or dug up roads. It can also be continual honking of horns. To some extent, we tolerate annoyance of noise, dust or pollution. To some extent we try to ignore some annoyance. Then How can you handle or overcome such issues in day to day life.
Leading Lawyers to file Nuisance cases in Chennai
Nuisance can be from neighbors, your locality or state or from authorities. Earlier only individuals used to file claims. Nowadays more people are aware about environment protection. You can file Public interest litigation for environment pollution. By all means, Environment pollution is a public nuisance. These litigation acts an instrument to protect our environment. Saravvanan Rajendran law associates offer the best litigation services for Nuisance cases in Chennai
Meaning of Nuisance
Nuisance means ‘to annoy’ or ‘to harm’ or ’to hurt’.
Stephen defines this as “anything done to the hurt or annoyance of the lands, tenements of another, and not amounting to a trespass.”
Nuisance is an injury to the right of a person in possession of a property to undisturbed enjoyment of it. Annoyance is the result from an improper use of another person’s property.
For Eg., Mr.X starts a textile dyeing unit on his own land. But there is noise and bad chemical smell which disturbs his neighbor Mr.Y. It is polluting Mr.Y’s house. Mr. X here commits annoyance. Most of all, He is disturbing Mr. Y in enjoying his house or property.
Main Elements of Nuisance
An act known to be a annoyance, actionable by law, should meet the following elements:
- The act of the defendant should be wrongful
- The plaintiff should have suffered damage/ inconvenience/loss from the act.
Types of nuisance
This tort are of two kinds :–
- Private Nuisance
- Public Nuisance
Private Nuisance:
Here defendant’s action causes unreasonable and large interference. By the way, It is with claimant’s land or his land enjoyment. Meanwhile, A person’s act that affects an individual’s freedom or individual’s property is a private nuisance.
Lord Winfield defines private nuisance as “unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it, which causes damage to the persons’ property or safety.”
The intrusions will be without warrant. It causes damages to the plaintiff. Such intrusions are undue or unreasonable. Any interference exceeding permissible limit is unreasonable by the same token.
Please Note: the intrusion must be repetitive.
Essentials of Private Nuisance-
- There should be Unlawful interference or Unreasonable intrusion.
- Such intrusion should have caused a legal injury to plaintiff alone.
Legal injury may pertain to either Property or Physical Discomfort of Plaintiff.
Case Laws:
In St. Hellen Smelting Co. V. Tipping case,
The smoke from defendant’s factory damaged plaintiff’s trees. Most of all, The court held that it was a unlawful damage to plaintiff’s property. By the way, The court took action for defendant’s annoyance .
In Palmar V. Loder,
Defendants got awarded a perpetual injunction. At the same time, Defendant had loud laughing and noise making charges against him. He also had continuous ringing of the Plaintiff’s Doorbell charges against him.
Public Nuisance:
Here defendant’s action causes material discomfort and inconvenience to the property owner. This annoyance comes under crime. A person’s act that annoys large no. of persons or group of persons is Public Nuisance. It is an unreasonable interference with public rights of a property. Any act which affects the health, safety, and right to live in peace of citizens is annoyance.
Example: A persons blocks a highway. Common people are unable to use the highway. It is a case of public nuisance.
Section 268, IPC , 1860 says that; “ a person is guilty of public nuisance who dose any act, or is guilty of an illegal omission, which causes any common injury , danger or annoyance to the public or the people in general who dwell or occupy property in the vicinity or which must cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.”
Please Note: If a person got injured due to the annoyance act of another person. Then the injured person can claim damages for private nuisance.
Defenses to Nuisance by Top Civil lawyers in Chennai
Easement by Prescription
An easement by prescription gives right to continue private nuisance. In fact, It is a special defense. Above all, The easement should be peaceful and open enjoyment. This annoyance is enjoyable for 20 years and later gets legalized.
Statutory Authority
When law authorizes an act , the plaintiff cannot sue defendant for annoyance. All remedies of indictment or action gets withdrawn. Statutory Authority can be absolute or conditional.
Exceptions to nuisance defenses
The defendant has various defenses available to him. He cannot claim the following as defense if he gets framed for annoyance:
- The defendant can’t claim that the plaintiff himself appeared at place of annoyance.
- Defendant cannot claim that he was taking all in the light of reasonable care to avoid annoyance that harms the plaintiff
- The defendant cannot claim that others also committed annoyance against plaintiff. He cannot justify that he is not sole wrong doer
- The defendant cannot claim the act was for public benefit equally. But it only had negative effect on plaintiff..
lawyers in Chennai to get Remedies for Nuisance
Abetment
As a matter of fact, Abetment means removable of annoyance by affected person. But the removable must be peaceful and not dangerous to life. Here the plaintiff himself removes the annoyance act without approaching courts in the same way. Our lawyers offer the best legal services for annoyance cases in brief.
Injunction or stay
In any case, monetary relief may not be enough justice and equity to the victim. Hence the court may direct the accused or defendant to stop the act that causes annoyance. Moreover, Senior attorneys for Civil cases can get you temporary or permanent injunction depending on the case.
Damages
Damages include material and monetary compensation in addition. At this point, Victim gets Damages claims award upon the proportion of unease suffered. In any case, The court orders the accused to pay damages to the victim. Of Course, Saravvanan Rajendran law associates provide the best litigation services to claim damages in these cases.
Contact No.1 Advocate to file Nuisance cases in Chennai
Are you facing private or public nuisance in the first place ?. You will have to make an appointment with Top Criminal Advocates in Chennai. The Other idea is to Contact our all in all Civil lawyers in Chennai. In fact, Senior Advocates in our law firm will assist you to resolve the issue in quick possible way or through legal way.
