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Madras High Court

V.N.Arjunan vs The Commissioner Of Police on 21 October, 2019

Author: M.S.Ramesh

Bench: M.S.Ramesh

                                                                                   W.P.No.28713 of 2019

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 21.10.2019

                                                           CORAM:

                                        THE HONOURABLE MR. JUSTICE M.S.RAMESH

                                                   W.P.No.28713 of 2019
                                                           and
                                                  W.M.P.No.28463 of 2019

                      V.N.Arjunan                                            ..     Petitioner

                                                                Vs.

                      1.The Commissioner of Police,
                        Greater Chennai,
                        Office of Commissioner of Police,
                        Vepery, Chennai – 600 007.

                      2.The Inspector of Police (Law and Order),
                        M-8 Sathangadu Police Station,
                        Chennai – 600 068.

                      3.Om Sakthi Vinayagar Temple,
                        Rep.by its President,
                        Plot No.150, 5th and 6th street,
                        Shanmugapuram, Thiruvottiyur,
                        Chennai – 600 019.

                      4.S.Palraj                                             ..     Respondents


                          PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                      praying to issue a writ of Mandamus, directing the respondents 1 and 2 to
                      take appropriate legal action against the 3rd and 4th respondent for creating


                      1/4



http://www.judis.nic.in
                                                                                 W.P.No.28713 of 2019

                      Noise Pollution in Om Sakthi Vinayagar Temple at Plot No.150, at the
                      junction of 5th and 6th street, Shanmugapuram, Thiruvottiyur, Chennai – 600
                      019 and to seize automatic electronic announcing systems therein and all
                      the Cone Speakers & Loud Speakers.


                                           For Petitioner     : Mr.B.Dinesh Kumar

                                           For Respondents    : Mr.C.Iyyapparaj
                                                                Additional Public Prosecutor
                                                                for R1 & R2

                                                        ORDER

The grievance of the petitioner is that the noise from the cone speakers installed in the 3rd respondent temple is creating noise pollution and in view of the inaction on the part of the respondent police in not taking action against their complaint, the present Writ Petition has been filed.

2. Today, when the matter was called, the 2nd respondent/Inspector of Police has filed a status report, wherein he has stated that four cone speakers and three sound box speakers, which were installed inside the temple, were playing devotional songs at a high decibel and subsequently on 02.07.2019, the loud speakers with high decibels were removed and 2/4 http://www.judis.nic.in W.P.No.28713 of 2019 there is only one small box speaker installed inside the temple. The sounds played on this small speaker is within the permissible volume and is not creating any nuisance to the nearby residents.

3. Recording the statements filed by the 2nd respondent police, this Court is of the view that the grievance of the petitioner has been considerably met.

4. Accordingly, the Writ Petition stands closed. No costs.

Consequently, connected miscellaneous petition is closed.

21.10.2019 Index:Yes/No Internet:Yes/No jas/hvk 3/4 http://www.judis.nic.in W.P.No.28713 of 2019 M.S.RAMESH,J.

hvk/jas To

1.The Commissioner of Police, Greater Chennai, Office of Commissioner of Police, Vepery, Chennai – 600 007.

2.The Inspector of Police (Law and Order), M-8 Sathangadu Police Station, Chennai – 600 068.

3.The Public Prosecutor, High Court of Madras.

W.P.No.28713 of 2019

and W.M.P.No.28463 of 2019 21.10.2019 4/4 http://www.judis.nic.in