Madras High Court
K.Bose vs / on 16 February, 2023
W.P.(MD) No.3160 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.02.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.3160 of 2015
K.Bose ... Petitioner
/vs./
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Superintendent of Police,
Tirunelveli District,
Tirunelveli. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents to prevent the
administrators of the C.S.I. Church and Ayya Temples at West Sivanthipuram
Village, Vikramasingapuram Post, Tirunelveli District from continuing the
mischief by considering the representation of the petitioner dated 20.01.2015.
For Petitioner : Mr.S.S.Thesigan
For R1 : Mr.M.Prakash
Additional Government Pleader
For R2 : Mr.R.M.S.Sethuraman
Additional Public Prosecutor
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.3160 of 2015
ORDER
The prayer in the writ petition is seeking for a Mandamus to direct the respondents to prevent the administrators of the C.S.I. Church and Ayya Temples at West Sivanthipuram Village, Vikramasingapuram Post, Tirunelveli District from continuing the mischief by considering the petitioner's representation dated 20.01.2015.
2.The case of the petitioner is that two religious institutions are causing noise pollution by using loud speakers thereby affecting the health of the residents, namely the old citizens and the new born children.
3.Today, when the matter was taken up for hearing, a status report has been filed by the Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District, wherein he had specifically averred as follows:-
“4.Moreover on 11.01.2023 I enquired the petitioner herein along with the administrators of the church and temple namely Yobudoss and Mayandirajan and obtained their statements. The writ petitioner clearly stated that presently there is no noise pollution and in a regular manner the police are patrolling in the locality and monitoring the same and he 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3160 of 2015 is highly satisfied with the action taken by the local police. Likewise the administrators of the church and temple gave a statement that cone speakers are not used and only during the festival time with very low volume songs are being played and no disturbance is caused to the general public. The writ petitioner also agreed for the same, that no cone speakers are used. Moreover except the writ petitioner herein nobody in the locality gave any complaint regarding the above alleged noise pollution.”
4.This averment was denied by the learned counsel for the petitioner stating that the petitioner was not aware as to what the Inspector of Police has filed. Be that as it may, a specific statement has been made by the Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District that the Administrators of the Church and the Temple had given a statement that the cone speakers are not used and only during the festival time, the songs will be played at the lower volume and no disturbance will be caused.
5.The second respondent through the Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District should monitor the activities of various institutions not only the complained institutions but also the 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.3160 of 2015 various other institutions and see that no individual or institution whatsoever may be, do not cause any noise pollution affecting the rights of the residents living in that area, as held by the Hon'ble Apex Court in the case of Noise Pollution (V) In Re and another Vs. Union of India and another reported in (2005) 5 Supreme Court Cases 733.
6.With the above direction, the Writ Petition is disposed of. However, there shall be no order as to costs.
Speaking : Yes / No 16.02.2023
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
mm
To
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
4/5
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.3160 of 2015
K.KUMARESH BABU, J.
mm
W.P.(MD) No.3160 of 2015
16.02.2023
5/5
https://www.mhc.tn.gov.in/judis