Madras High Court
Amali vs The District Collector on 28 July, 2022
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.7212 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.07.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.7212 of 2014 and
M.P.(MD)Nos.1 and 2 of 2014
S.Vasagaraj (Died)
1.Amali
2.Uma Sankasi ... Petitioners
(P1 and P2 are substituted, vide Court
order, dated 26.07.2022, in W.M.P.
(MD)No.13008 of 2020 in W.P.(MD)
No.7212 of 2014)
Vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
3.The President,
Village Panchayat,
Mannarkovil,
Ambasamudram Taluk,
Tirunelveli District.
4.Raviram Nagar Athesaya Vinayagar Kovil,
represented by the in-charge/
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.7212 of 2014
administrator Mr.A.Sankaran,
S/o.Late.Arunachalam,
11/184, Raviram Nagar,
Agasthiarpatti – 627 428,
Ambasamudram Taluk,
Tirunelveli District.
5.A.Murugaiah
6.V.Krishnan Iyer ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, to direct the
respondents 1 to 3 to take action against the illegally
constructed/established Raviram Nagar Athesaya Vinayagar Temple,
Agasthiarpatti and also the ban usage of cone speakers forthwith in the
said temple.
For Petitioner : Mr.P.Balamurugan
For R1 and R2 : Mr.N.Muthuvijayan
Special Government Pleader
For R3 : No appearance
For R4 to R6 : Mr.R.Pon Karthikeyan
*****
ORDER
The present writ petition has been filed seeking a writ of Mandamus, directing the official respondents 1 to 3 to take action against the illegally constructed temple and also to ban the usage of cone speakers in the said temple. Pending the writ petition, an interim under 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.7212 of 2014 was granted on 25.04.2014, restraining the respondents 4 to 6 from using cone speakers and from causing noise pollution in any other manner in the said Temple till 03.06.2014.
2.According to the writ petitioner, there was violation of the said interim order and the petitioner filed a contempt petition in Cont.P(MD)No.1000 more for 2018 and this court has closed the contempt petition with the following order:
“The learned counsel appearing for the petitioner submits that if the respondent maintains the sound of the loudspeaker at the petitioner's temple by reducing the sound effect to the extent of 45 to 70 decibel, the petitioner cannot have any objection.
2.The learned counsel appearing for the respondent would submit that the respondent will maintain the said decibel, whenever the loudspeaker/sound box used by the petitioner's temple.
3.Recording the said submission made by the learned counsel appearing for the respondent that the respondent shall not use loudspeaker/sound box beyond 70 decibel at any point of time and if any such violation is found in this regard, it is open to the petitioner to agitate the issue in the manner known to law.
With this direction and observation and by recording the 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.7212 of 2014 said submission made by both the learned counsel, this contempt petition is closed.”
3.A perusal of the above order passed in the contempt petition will indicate that the petitioner has no objection whatsoever for allowing the speaker if the decibel is between 45 to 70.
4.According to the learned Counsel for the petitioner, the fourth respondent temple is using box speakers which are focused towards the house of the writ petitioner and causing noise pollution and nuisance. If respondents have violated the orders of this Court passed in the contempt petition in paragraph No.3 of the order, dated 17.06.2019, in Cont.P. (MD)No.1000 of 2018, the petitioner has been given liberty to adjudicate the matter in a manner known to law.
5.In view of the above facts, the petitioner is always at liberty to approach the concerned Police authorities for effecting compliance of the 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.7212 of 2014 order passed in the contempt petition. As regards the prayer for action against illegal construction is concerned, the petitioner is directed to move appropriate application.
6.With the above said observation, the writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.
28.07.2022
Index : Yes / No
Internet : Yes / No
Tmg
To
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
5/6
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W.P.(MD).No.7212 of 2014
R.VIJAYAKUMAR ,J.
Tmg
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
Order made in W.P.(MD).No.7212 of 2014 28.07.2022 6/6 https://www.mhc.tn.gov.in/judis