Section 89: Injunction

89. Injunction (1) Subject to subsection (2), on the application of the Permanent Secretary, a Judge in Chambers may issue an injunction to restrain the persons referred to in subsection (2), or any of them, from sending or allowing to flow into any river or stream, or into any canal, pipe or other conduit issuing or discharging into a river or canal any scums, residue, refuse, washings or other liquid that may tend to pollute the water of such river or canal. (2) Where the manager of an estate has complied with section 88, the water discharged from a vacuum pan or triple-effet shall be deemed not to be a liquid tending to pollute the water of a river or canal. (3) The injunction under this section may be issued against the manager or owner of a sugar estate, or where the estate belongs to a company, against the directors. (4) (a) Where an application under subsection (1) is refused, the Permanent Secretary may appeal to the Supreme Court within 3 days. (b) Where the writ is issued, the persons against whom it is issued may move the court or, in vacation, the Judge in Chambers to discharge it. (5) On appeal or motion under subsection (4) being filed in the Registry, it shall be fixed for hearing on a day which shall not be less than 5 nor more than 8 days from the filing. [Issue 5] R25 – 22 Revised Laws of Mauritius 90. —