Madras High Court
J.Pandi Dorai vs Xxxxx on 13 December, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.8416 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.8416 of 2021
and
W.M.P.(MD)Nos.6351, 6352, 6346, 6350 of 2021
J.Pandi Dorai ... Petitioner
Vs.
1.XXXXX
2.XXXXX
3.XXXXX
4.XXXXX
5.XXXXX
6.XXXXX
7.The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
30/2, SIDCO Industrial Estate,
Pettai, Tirunelveli-627 010.
8.The Revenue Divisional Officer,
Collectorate Campus, Kokkirakulam,
Tirunelveli-627 009.
9.The Tahsildar,
Palayamkottai Taluk,
Tirunelveli District.
10.St.Paul's Church,
Rep.by its Church Pastor,
Rev.V.Kanthiah Nallapandi,
N.G.O.'A' Colony,
Tirunelveli District. ...Respondents
[R1 to R6 were deleted vide order dated 23.04.2021]
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W.P.(MD)No.8416 of 2021
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondent NO.5 to
remove the unauthorized Amplifiers, Cone speakers and Loud Speakers
installed in violation of nose Pollution Control and regulation Rules 2000 in the
respondent No.10 Church premises and a consequent direction directing the
respondent No.5 and 6 to forbear the respondent No. 10 from announcing time
and Bible Phrases using loud speakers, within the time frame that may be fixed
by this Court .
For Petitioner : Mr.J.Pandi Dorai
Party in person
For R8 & R9 : Ms.S.Jeyapriya
Government Advocate
For R7 : Ms.Vijaykumari Natarajan
For R10 : Mr.G.Prabhurajadurai
ORDER
This writ petition was filed by the petitioner in person for a direction to the fifth respondent to remove the Amplifiers, Cone speakers and Loud Speakers installed in violation of nose Pollution Control and Regulation Rules 2000 in the church premises by the tenth respondent. The petitioner also sought for a consequential direction to the fifth and sixth respondents to stop the tenth respondent from announcing time and Bible phrases by using the loud speakers.
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2.Considering the nature of grievance expressed by the petitioner, this Court had directed the learned counsel for the tenth respondent to see if some settlement can be reached between the parties. The learned counsel submitted that he will take instructions from his client and will attempt to amicably resolve the dispute.
3.When the matter was taken up for hearing today, the 10th respondent has filed counter affidavit and the petitioner has also made an endorsement to the effect that he consents for the compromise that has been mentioned in the counter affidavit. For proper appreciation, the relevant portions in the counter affidavit are extracted hereunder:
“2............In any case considering the grievances expressed by the Petitioner, we mutually agree to the following terms to remove the inconvenience in the following terms:
(i) No speaker will be kept in close proximity of the compound wall of the Petitioner.
(ii) No cone speaker shall be installed or used.
(iii) The hourly announcement of the timing and bible verses shall already discontinued on permanent basis.
(iv) During Sunday service between 6 to 8 am and 8.30 am to 10.30 am and during the festivals viz., Christmas, New Year, Easter and Good Friday the capacity within the church would not allow all the worshippers and they have to assemble on either side and in the front yard of the church. Hence, in order to make the church service audible https://www.mhc.tn.gov.in/judis 3/5 W.P.(MD)No.8416 of 2021 to them box speakers shall be kept outside of the church building but within the compound wall. Such speakers would be placed in the front facing south. As the house of the Petitioner is on the northern side there will not be any inconvenience to the Petitioner and that the Petitioner agrees to such an agreement.
(v) The Respondent church shall take every effect to keep the decibel level within the prescribed limit.
3. I submit that the above steps taken by the Respondent church will address the grievance of the Petitioner and the Respondent church shall maintain a good relation and cordiality with Petitioner and as well all people living in the locality.”
4.Recording the above, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
13.12.2023
NCC : Yes / No
Index : Yes/No
Internet : Yes/No
ta
To
1.The Revenue Divisional Officer,
Collectorate Campus, Kokkirakulam,
Tirunelveli-627 009.
2.The Tahsildar,
Palayamkottai Taluk,
Tirunelveli District.
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W.P.(MD)No.8416 of 2021
N.ANAND VENKATESH, J.
ta
W.P.(MD)No.8416 of 2021
13.12.2023
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