Madras High Court
G.Devarajan vs The Principal Secretary / Chairman on 25 April, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.28736 of 2017 and
Crl.M.P.No.2342 of 2018
G.Devarajan ... Petitioner
Vs.
1.The Principal Secretary / Chairman,
Tamilnadu Pollution Control Board,
76, Mount Road, Guindy, Chennai-32
2.The District Environmental Engineer,
Tamilnadu Pollution Control Board,
6/1, Sri Jothi Complex, 1st Floor, Murugesan Street,
Balavinayagar Nagar, Arumbakkam, Chennai 106
3.The Commissioner,
Commissioner of Police,
EVK Sampath Salai,
Vepery, Chennai 600 007
4.The Inspector of Police(L&O),
K9 Police Station,
Chennai 600 011
5.It is represented by Incharge / Manager,
Masjid Madrasa Mosque,
35/36, Ottravadai Street,
Perambur, Chennai-11 ... Respondents
(R5 impleaded as per the order of this Court dated 20.02.2018 made in
Crl.M.P.No.2342/2018 in Crl.O.P.No.28736 of 2017)
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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
to direct the 3rd and 4th respondents to enforce/implement ensure that the
Hon'ble Supreme Court of India's and Hon'ble High Court of Madras vide
W.P.No.5871/2016 be followed and preventing the regard to noise pollution
caused by the use of Horn Type loud speakers in the mosque situated in
Sathyanarayanan Street and Ottravadai Road Junction and in case of failure
registered a case and action taken under the law and also seize the
loudspeaker and action taken under appropriate provisions of law and
investigate the matter, pertaining to representation dated 07.12.2017 and
to deal according to law.
For Petitioner : Mr.G.Devarajan
(Party-in-person)
For Respondents
For R1 to R4 : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
For R5 : Mr.A.Syed Kaleesha
ORDER
This Criminal Original Petition has been filed to direct the third and fourth respondents to implement the orders of the Hon'ble Supreme Court of India and also this Court in W.P.No.5871/2016 with regard to noise pollution caused by the use of Horn Type loud speakers.
2. The petitioner submitted that the fifth respondent is using loudspeakers and they cause noise pollution, due to which the residents of that area is greatly disturbed. Therefore, the petitioner submitted a http://www.judis.nic.in detailed representation to respondents 1 to 4. Even after receipt of the same, no action has been taken to prevent the fifth respondent from using the loudspeakers. Hence, the present petition has been filed.
3. The learned Additional Public Prosecutor submitted that already proper instructions have been given to the third and fourth respondents to consider the petitioner's representation and to take action as against the fifth respondent.
4. Per contra, the fifth respondent filed counter and submitted that the call for prayer for five times daily runs to around ten minutes out of the entire day and it is part of an essential religious practice which is mandatory to be followed. Due to development and increase in population it has become necessary that they are using amplifiers and loudspeakers to give a call for prayer for five minutes daily strictly adhering to the prevailing rules. Therefore, the fifth respondent does not in any way hinder the society and they themselves resorted to maintain public order by maintaining the decibel limits during the call for prayers. Therefore, he prayed for dismissal of this petition.
5. Heard, Mr.G.Devarajan, the petitioner appearing in person, Mr.M.Mohamed Riyaz, Additional Public Prosecutor, and Mr.A.Syed Kaleesha, the learned counsel for the fifth respondent. http://www.judis.nic.in
6. This petition has been filed for directing the third and fourth respondents to implement the order passed by the Hon'ble Supreme Court of India and the order passed by this Court in W.P.No.5871 of 2016 to prevent noise pollution caused by use of horn type loudspeakers in the mosque.
7. It is relevant to refer the decision relating to the negative impact of noise pollution on the society in the case of Appa Rao, M.S. Vs. Government of Tamil Nadu reported in (1995) 1 LW 319 (Mad), wherein this Court taking a note of serious health hazard and disturbance to public orders and tranquility caused by the uncontrolled noise pollution prevailing in the State, issued a specific direction to the State Government to impose strict conditions for issue of licence for the use of amplifiers and loudspeakers. This Court further directed the Director General of Police to impose total ban on use of horn type loudspeakers and amplifiers and air horns of automobiles.
8. The Hon'ble Supreme Court of India has issued guidelines to regulate the noise pollution in public / and other places in the case of Forum, Prevention of Environmental & Sound Pollution Vs. Union of India and another reported in AIR 2005 SC 3136, which has been followed by a Single Bench of this Court in the case of C.Jeyaraman Vs. http://www.judis.nic.in the Inspector General of Police, Central Zone, Trichy and 9 others in W.P.(MD)No.23469 of 2017, which are extracted as follows:
"158. The need for checking noise pollution as highlighted by the petitioners and several intervenors deserves appreciation.
159. Need for specific legislation to control and prevent noise pollution still needs some emphasis. Undoubtedly, some laws have been enacted. Yet, compared with the legislation in developed countries India is still lagging behind in enacting adequate and scientific legislations. We need to have one simple but specific and detailed legislation dealing with several aspects referable to noise pollution and providing measures of control therefor.
160. There is an equal need of developing mechanism and infrastructure for enforcement of the prevalent laws. Those who are entrusted with the task of enforcing laws directed towards controlling noise pollution, must be so trained as to acquire expertise in the matter of fighting against noise pollution by taking preventing and deterrent measures both. They need to be equipped with the requisite equipments such as audio meters as would help them in detecting the level of noise pollution more so when it crosses the permissible limits and the source thereof.
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161. Above all, there is need for creating general awareness towards the hazardous effects of noise pollution. Particularly, in our country the people generally lack consciousness of the ill effects which noise pollution creates and how the society including they themselves stand to benefit by preventing generation and emission of noise pollution. The target area should be educational institutions and more particularly schools. The young children of impressionable age should be motivated to desist from playing with firecrackers, use of high sound producing equipments and instruments on festivals, religious and social functions, family get- togethers and celebrations etc. which cause noise pollution. Suitable chapters can be added into text-books which teach civic sense to the children and teach them how to be good and responsible citizen which would include learning by heart of various fundamental duties and that would obviously include learning not to create noise pollution and to prevent if generated by others. Holding of special talks and lectures can be organized in the schools to highlight the menace of noise pollution and the role of the children in preventing it. For these purposes the State must play its role by the support and cooperation of non- government organizations (NGOs) can also be enlisted.
162. Similar awareness needs to be created in police and civil administration by means of carrying out a special drive to make them understand the various measures to curb the problems and the laws on the subject. Resident http://www.judis.nic.in Welfare Associations (RAWs), service clubs (such as Rotary International and Lions International) and societies engaged in preventing noise pollution as part of their projects need to be encouraged and actively involved by the local administration. Festival and ceremonies wherein the fireworks and crackers are customarily burst can be accompanied by earmarking a place and time wherein and when all the people can come together and witness or view a show of fireworks dispensing with the need of crackers being burst in the residential areas and that too which is done without any regard to timings. The manufacturers can be encouraged to make such fireworks as would display more the colours rather than make noise.
163. Not only the use of loudspeakers and playing of hi-fi amplifier systems has to be regulated even the playing of high sound instruments like drums, tom-toms, trumpets, bugles and the like which create noise beyond tolerable limits need to be regulated. The law enforcing agencies must be equipped with necessary instruments and facilities out of which sound level meters conforming to Bureau of Indian Standards (BIS) code are a bare necessity.
164. Preventive measures need to be directed more effectively at the source. To illustrate, the horns which if fitted with the automobiles would create hawking sound beyond permissible limits, should not be allowed to be manufactured or sold in the market as once they are available they are likely to be used.
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165. Loudspeakers and amplifiers or other equipments or gadgets which produce offending noise once detected as violating the law, should be liable to be seized and confiscated by making provision in the law in that behalf."
9. In view of the above directions issued by the Hon'ble Supreme Court of India, it is appropriate to direct respondents 3 and 4 to consider the representation of the petitioner and take appropriate action in view of the order passed by this Court in W.P.(MD)No.23469 of 2017 and the order passed by the Hon'ble Supreme Court of India in the case of Forum, Prevention of Environmental & Sound Pollution Vs. Union of India and another.
10. With the above direction, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.
25.04.2019 lok Index:Yes/No Internet:Yes/No Speaking/Non-speaking order http://www.judis.nic.in To
1.The Principal Secretary / Chairman, Tamilnadu Pollution Control Board, 76, Mount Road, Guindy, Chennai-32
2.The District Environmental Engineer, Tamilnadu Pollution Control Board, 6/1, Sri Jothi Complex, 1st Floor, Murugesan Street, Balavinayagar Nagar, Arumbakkam, Chennai 106
3.The Commissioner, Commissioner of Police, EVK Sampath Salai, Vepery, Chennai 600 007
4.The Inspector of Police(L&O), K9 Police Station, Chennai 600 011
5.The Incharge / Manager, Masjid Madrasa Mosque, 35/36, Ottravadai Street, Perambur, Chennai-11
6.The Additional Public Prosecutor, High Court of Madras http://www.judis.nic.in G.K.ILANTHIRAIYAN, J.
lok Crl.O.P.No.28736 of 2017 25.04.2019 http://www.judis.nic.in