Madras High Court
M.Peter vs The Commissioner on 26 February, 2019
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2019
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU
W.P.No.5254 of 2019
and
W.M.P.No.5958 of 2019
M.Peter ... Petitioner
Vs.
1. The Commissioner,
Office of Hindu Religious and Charitable
Endowment Department,
No.119, Uthamar Gandhi Salai, Thousand Lights West,
Nungambakkam,
Chennai – 600034.
2. The Joint Commissioner,
Office of Hindu Religious and Charitable
Endowment Department,
No.119, Uthamar Gandhi Salai, Thousand Lights West,
Nungambakkam,
Chennai – 600034.
3. The Executive Officer,
Padavettamman Temple,
Adambakkam, Alandur Taluk,
Kancheepuram District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, to direct the respondents 1 and 2
to take action as against the 3rd respondent temple to ensure removal
of all the banned cone speakers kept in the 3rd respondent temple and
http://www.judis.nic.in
2
to play devotional songs in permissible sound limit by using speakers
not banned by the Government by mounting the same on the front
side of the temple facing the main road.
For Petitioner : Ms.K.Subhashini
for M/s.Chennai Law Associates
For Respondents : Mr.M.Maharaja
Special Government Pleader
(HR & CE)
ORDER
Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for a mandamus directing the respondents 1 & 2 to take action against the third respondent-Temple to ensure removal of all the banned cone speakers kept in the third respondent-Temple and to play devotional songs in permissible sound limit by using speakers not banned by the Government.
3. The grievance of the petitioner is that the third respondent-
Temple has installed 3 cone speakers, out of which, one is focusing on the window of the petitioner's house, thereby causing noise pollution. http://www.judis.nic.in 3 Therefore, he seeks for removal of cone speakers and thereby replacing the same with the permitted speakers.
4. The learned Special Government Pleader for the respondents, based on instructions, fairly submitted that the cone speakers fixed by the third respondent-Temple will be removed immediately and the speakers permitted by the Law Enforcing Authority, alone will be fixed, that too, not facing the petitioner's window.
5. Recording the above said undertaking of the learned Special Government Pleader for the respondents, this writ petition is closed.
No costs. Consequently, connected miscellaneous petition is closed.
26.02.2019 Speaking/Non Speaking Index : Yes / No Internet : Yes / No sni/mk http://www.judis.nic.in 4 K.RAVICHANDRABAABU.,J.
sni/mk To
1. The Commissioner, Office of Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai – 600034.
2. The Joint Commissioner, Office of Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai – 600034.
3. The Executive Officer, Padavettamman Temple, Adambakkam, Alandur Taluk, Kancheepuram District.
W.P.No.5254 of 201926.02.2019 http://www.judis.nic.in