Kerala High Court
Jacob. K.T vs The District Collector on 11 April, 2014
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 29TH DAYOF AUGUST 2014/7TH BHADRA, 1936
WP(C).No. 18131 of 2014 (N)
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PETITIONER(S):
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1. JACOB. K.T., SON OF C.M.THOMAS,
AGED 37 YEARS, RESIDING AT KANJIRAMKALAYIL,
NAVODAYA JUNCTION, ETTUMANOOR P.O.,
KOTTAYAM DISTRICT - 686 631.
2. BABU. K.L., SON OF LUKA. K.L.,
AGED 41 YEARS, RESIDING AT KARUKACHERIYIL,
NAVODAYA JUNCTION, ETTUMANOOR P.O.,
KOTTAYAM DISTRICT - 686 631.
3. ANCY LUKOSE, SON OF OUSEPH MATHEW,
AGED 44 YEARS, RESIDING AT KARUKACHERIYIL,
NAVODAYA JUNCTION, ETTUMANOOR P.O.,
KOTTAYAM DISTRICT - 686 631.
4. N.T. VIJAYAN, SON OF V.N.THANKAPPAN,
AGED 47 YEARS, RESIDING AT NADUVELIDETH VEEDU,
NAVODAYA JUNCTION, ETTUMANOOR P.O.,
KOTTAYAM DISTRICT - 686 631.
5. ROSAMMA CHACKO, DAUGHTER OF OUSEPH MATHEW,
AGED 57 YEARS, RESIDING AT KARUKACHERIYIL,
NAVODAYA JUNCTION, ETTUMANOOR P.O.,
KOTTAYAM DISTRICT - 686 631.
6. M.R. RAJU, SON OF ANANTHAN RAMAN,
AGED 65 YEARS, RESIDING AT NIREPPEL,
NAVODAYA JUNCTION, ETTUMANOOR P.O.,
KOTTAYAM DISTRICT - 686 631.
7. RAVI. T.N., SON OF THANKAPPAN. V.N.,
AGED 45 YEARS, RESIDING AT NADUVELIDETH VEEDU,
NAVODAYA JUNCTION, ETTUMANOOR P.O.,
KOTTAYAM DISTRICT - 686 631.
BY ADVS.SMT.REKHA VASUDEVAN,
SMT.AMBILY (PREMKUMAR).
WP(C).No. 18131 of 2014 (N)
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM - 686 001.
2. THE CIRCLE INSPECTOR,
ETTUMANOOR CIRCLE, KOTTAYAM DISTRICT - 686 001.
3. THE SECRETARY,
ATHIRAMPUZHA GRAMA PANCHAYAT,
ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT -686 562.
4. THE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS SECRETARY,
ST.ANTONY'S BUILDING, NAGAMPADAM,
KOTTAYAM- 686 562.
5. NOOR UL ISLAM MADRASA (KAITHAMALA),
REPRESENTED BY ITS PRESIDENT, NAVODAYA JUNCTION,
OMANALLOOR, KOTTAYAM DISTRICT, PIN- 686 562.
R1 & R2 BY GOVT. PLEADER SMT.ANITHA RAVINDRAN.
R3 BY ADV. SRI.RAJESH THOMAS, SC.
R4 BY ADV. SRI. M.AJAY, SC.
R5 BY ADVS. SRI.P.K.IBRAHIM,
SMT.K.P.AMBIKA,
SMT.A.A.SHIBI,
SRI.G.KIRAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29-08-2014, ALONG WITH WP(C).NO.21789 OF 2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 18131 of 2014 (N)
APPENDIX
PETITIONER'S EXHIBITS:-
P1(A): TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LOUDSPEAKERS
MOUNTED ON THE BUILDING.
P1(B): TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LOUDSPEAKERS
MOUNTED ON THE BUILDING.
P1(C): TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LOUDSPEAKERS
MOUNTED ON THE BUILDING.
P2: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS TO
THE 1ST RESPONDENT ON 11/04/2014.
P3: TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE
1ST RESPONDENT.
P4: TRUE COPY OF THE COMPLAINT DATED 11/04/2014 LODGED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT.
P5: TRUE COPY OF THE APPLICATION DATED 24/04/2014 SUBMITTED TO
THE 3RD RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.
P6: TRUE COPY OF THE LETTER NO.A3-3281/14 DATED 20/05/2014 ISSUED
FROM THE OFFICE OF THE 3RD RESPONDENT.
P7: TRUE COPY OF THE LETTER DATED 30/06/2014 ISSUED BY
THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:-
EXT.R5A TRUE PHOTOGRAPH.
EXT.R5B COPY OF THE REPRESENTATION SO FILED BY THE RESIDENTS.
EXT.R5C COPY OF THE REPRESENTATION SO FILED BY THE RESIDENTS.
//TRUE COPY//
P.A. TO JUDGE
rs.
A.MUHAMED MUSTAQUE, J.
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W.P(C).Nos.18131 of 2014 and 21789 of 2014
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Dated this the 29th day of August, 2014
JUDGMENT
W.P(C).No.18131 of 2014 is filed by the residents of Navodaya Junction complaining that the official respondent fails to take action against the Athirampuzha Madrasa which uses loudspeaker without permit. This Court at the time of admission, directed the Pollution Control Board to inspect the premise and report about the noise level. The report is placed before this Court. It is reported that sound level measured 82.3dB(A)leq. Apparently, this exceeds the permitted level. It is now submitted that the 5th respondent, Madrassa has removed two of the loudspeakers apparently to bring the same within the parameter under the relevant rules. The 5th respondent in W.P(C).No.18131 of 2014 is the petitioner in W.P(C). No.21789 of 2014. They have approached the Deputy Superintendent of Police, Kottayam for grant of permission to use loudspeakers. They are using loudspeakers without permission. Necessarily, under the Noise Pollution (Regulation and Control) Rules 2000, permission is required to use loudspeaker. The authority to grant permission is the Deputy Superintendent of Police.
W.P(C).Nos.18131 of 2014 and 21789 of 2014 2
2. In view of the facts and circumstances, there shall be a direction to the Deputy Superintendent of Police, Kottayam to consider the application submitted by the Writ Petitioner in W.P(C). No.21789 of 2014 within two weeks after affording an opportunity to the Writ Petitioners in W.P(C).No.18131 of 2014. Before granting any permission, the opinion of Pollution Control Board shall be obtained by the Deputy Superintendent of Police. It is made clear that the permission can be granted only to use such loudspeaker which are permitted to be used. If no permission is granted, the Deputy Superintendent of Police shall take necessary action to remove the loudspeaker that is installed in the premises.
Writ Petitions are disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/02/09/14