Madras High Court
M.George vs The District Collector on 10 August, 2017
Bench: K.K.Sasidharan, G.R.Swaminathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 10.08.2017
CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
AND
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.13305 of 2017
M.George ... Petitioner
Vs.
1.The District Collector,
Kanyakumari District,
Nagercoil.
2.The Superintendent of Police,
Kanyakumari District
at Nagercoil.
3.The District Environmental Engineer,
Pollution Control Board,
Kanyakumari District at Nagercoil.
4.The Inspector of Police,
Kollancode Police Station,
Kanyakumari District.
5.The Inspector of Police,
Nithiravilai Police Station,
Kanyakumari District.
6.The Pastor,
Kirathur CSI Sekarasabai,
Nithiravilai Post,
Kanyakumari District.
7.Pastor Representative,
Visuvasa Pentecoste Church,
Vazhavilai, Vazhavilai Post,
Kanyakumari District.
8.The Pastor,
Isakkiyel Memorial CSI Church,
Kottaketti, Kirathur Post,
Kanyakumari District.
9.The Parish priest,
St.George MSC Church,
Kirathur Post, Kanyakumari District.
10.The Pastor,
Kilkal Pentecoste Mission Church,
Kaivanivilai, Kirathur Post,
Kanyakumari District.
11.The Pastor,
ECI Church, Valiyavilai,
Kirathur Post, Kanyakumari District.
12.The Pastor,
Christia CSI Pastrate Church,
Vavarai, S.T.Mangkad Post,
Kanyakumari District.
13.The Parish priest,
St.Mount Carmel Catholic Church,
Vavarai, S.T.mangkad Post,
Kanyakumari District.
14.The Parish Priest,
Malankarai Christuraja Catholic Church,
Nadaikavu, Sathancode Post,
Kanyakumari District.
15.The Parish Priest,
Jeyamadha Zero Malabar Catholic Church,
Kalluvettankuzhi, Nithivilai Post,
Kanyakumari District.
16.THE PASTOR,
DEVAGIRI CSI CHURCH,
DEVAGIRI, KANCHAMPURAM POST,
KANYAKUMARI DISTRICT.
17.THE PARIS PRIEST
ST.ANTHONIAR MALANKAAI
CATHOLIC CHURCH,
SEKKITTUVILAI,
KANYAKUMARI DISTRICT.
18.THE PASTOR
KALILIYAPURAM CSI CHURCH
KANCHAMPURAM POST,
KANYAKUMARI DISTRICT.
19.THE PASTOR
PALLIKAL CSI CHURCH
KANCHAMPURAM POST,
KANYAKUMARI DISTRICT.
20.THE PRESIDENT,
KANCHAMPURAM JAMATH
KANCHAMPURAM POST,
KANYAKUMARI DISTRICT.
21.THE PRESIDENT,
NAMBALI JAMATH,
NITHIRAIVILAI POST,
KANYAKUMARI DISTRICT.
22.THE PASTOR
SHARON CSI CHURCH,
PANAMUGAM, ST.MANGKADU
KANYAKUMARI DISTRICT.
23.THE SECRETARY,
SRI DHARMASASTHA KOVIL,
PALAMADAM, NITHIRAIVILAI POST,
KANYAKUMARI DISTRICT.
24.THE SECRETARY,
SRI PATHRESWARI AMMAN TEMPLE,
KUMBALAPALLI , KANCHAMPURAM POST,
KANYAKUMARI DISTRICT.
25.THE SECRETARY
ARULMIGU VANASASTHA THIRU KOVIL,
THERIVILAI, KANCHAMPURAM POST,
KANYAKUMARI DISTRICT.
26.THE SECRETARY
SIVA PERUMAL SWAMY KOVIL.
OTTRAIKAL MANDAPAM,
KANCHAMPURAM POST,
KANYAKUMARI DISTRICT.
27.THE SECRETARY,
PATHIRAKALIAMMAN KOVIL,
SHENBAGAMOODU,
ALANCODE, NITHIRAIVILAI POST,
KANYAKUMARI DISTRICT
28.THE SECRETARY,
SRI KRISHNASAMY KOVIL,
MANNARAMPARAI,
KANCHAMPURAM POST,
KANYAKUMARI DISTRICT.
29.THE SECRETARY.
SRI KRISHNAN KOVIL,
GOPURAKKADU, OOTTRUKUZHI
ST.MANGKADU,
KANYAKUMARI DISTRICT
30.THE SECRETARY
SRI BALAMURUGAN TEMPLE,
OLIYAPURAM VAVARAI ,
ST.MANGKADU POST,
KANYAKUMARI DISTRICT.
31.THE SECRETARY,
ERATTAKULAMNKARAI
AMMAN KOVIL,
KUNJUTTUVILAI,
SOORIYACODE POST,
KANYAKUMARI DISTRICT.
32.THE PASTOR,
PITCHICODE CSI CHURCH,
METHKUMMAL,
SOORIYACODE POST,
KANYAKUMARI DISTRICT.
33.THE SECRETARY,
SRI BAGAVATHIAMMAN KOIL,
MEKKADU, SOORIYACODE POST,
KANYAKUMARI DISTRICT.
34.THE PASTOR,
KILKKAL PENTECOSTE
MISSION CHURCH,
VAIYALANKARAI,
SATTHANCODE POST,
KANYAKUMARI DISTRICT.
35.THE PARISH PRIEST,
ST.THOMAS MALANGKARAI
CATHOLIC CHURCH
PALAVILAI, PALAVILAI POST,
KANYAKUMARI DISTRICT.
36.THE PASTOR,
ARULKUNDRU CSI CHURCH
SATTHANCODE POST
KANYAKUMARI DIST
37.THE PASTOR, OTTRAPANAVILAI AGM
PENTECOSTE CHURCH
SATTHANCODE POST,
KANYAKUMARI DISTRICT.
38.THE PASTOR,
NADAIKAVU PASTROATE
CSI CHURCH,
SATTHANCODE POST,
KANYAKUMARI DISTRICT.
39.THE SECRETARY
SATTHANCODE SRI
MAHAVISHNU TEMPLE
SATTHANCODE POST, KANYAKUMARI DISTRICT.
40.THE PASTOR,
CHETTIVILAI CSI CHURCH
NITHIRAVILAI POST
KANYAKUMARI DISTRICT. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to
remove the Cone shaped Speakers and the alarm bells and sound boxes making
more than 45 decibel noise volume from the Institution of the respondents 6
to 40 consequently direct the third respondent to ensure that the respondent
Nos.6 to 40 Institutions raising noise upto the level of Noise Pollution
(Regulation and Control) Rules 2000, within 45 decibels based on the
petitioner's representation dated 18.04.2017.
!For Petitioner : Mr.V.Sasikumar
For Respondents : Mr.M.Govindan, Spl.G.P. For RR1 to 5
No Appearance for RR6 to 40
:ORDER
(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner has filed this writ petition for directing the authorities to remove the Cone shaped Speakers and the alarm bells and sound boxes which produce noise beyond the prescribed decibel levels. He gave a representation dated 18.04.2017 in this regard. Since no action was taken, the present writ petition has been filed.
2.This Court can take judicial notice of the fact that the loud speakers installed in connection with temple festivals blare out huge noise and cause great inconvenience to students and the elderly. When the writ petition was taken up for disposal, the Additional Government Pleader appearing for the fifth respondent produced a copy of proceedings dated 07.08.2017 minuting the decisions taken by all the concerned with regard to the use of loud speakers and amplifiers. The said proceedings dated 07.08.2017 is placed on record. There are statutory rules governing the issue. The endeavour of the authorities must be to ensure that the noise pollution is regulated and controlled. This Court directs the respondents 1 to 5 herein to ensure that when places of religious worship use loud speakers and amplifiers, they shall not be allowed to generate noise beyond the prescribed decibel levels. If the prescribed decibel levels are exceeded, the police ought to take penal action against the erring persons. In the very nature of things, this cannot be a one time affair. The authorities are therefore mandated to maintain a continuing vigil in the matter.
3.With this direction, this writ petition stands disposed of. No costs.
To
1.The District Collector, Kanyakumari District, Nagercoil.
2.The Superintendent of Police, Kanyakumari District at Nagercoil.
3.The District Environmental Engineer, Pollution Control Board, Kanyakumari District at Nagercoil.
4.The Inspector of Police, Kollancode Police Station, Kanyakumari District.
5.The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.
.