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[Cites 2, Cited by 0]

Madras High Court

Mr.Mino Erach Avari vs The Collector on 24 June, 2025

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                       W.P.(MD)No.1468 of 2019

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 24.06.2025

                                                           CORAM:

                                   THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
                                                              AND
                                  THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

                                             W.P(MD).No.1468 of 2019
                                                       and
                                        W.M.P(MD).Nos.1254 and 2295 of 2019

                     Mr.Mino Erach Avari                                               ... Petitioner

                                                                         -vs-

                     1. The Collector,
                        Dindigul Collector Office,
                        Thiagi Subramania Siva Maligai,
                        Velu Nachiyar Valaham,
                        Chettinaickenpatti,
                        Dindigul-4.

                     2. The Revenue Divisional Officer,
                        Revenue Divisional Office,
                        Kodaikanal, Kodaikanal Taluk,
                        Dindigul District.

                     3. The Superintendent Of Police,
                        Chennamanayakkanpatti,
                        Dindigul District.

                     4. The Deputy Superintendent of Police,
                        Kodaikanal,
                        Dindigul District.


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                                                                                             W.P.(MD)No.1468 of 2019



                     5. The Inspector of Police,
                        Kodaikanal Police Station,
                        Kodaikanal,
                        Dindigul District.

                     6. The Distsrict Environmental Engineer,
                        Tamilnadu Pollution Control Board, Collectorate Complex,
                        Dindigul.                                     ... Respondents

                     Prayer: Writ Petition filed under Article 226 of Constitution of India, for
                     issuance of a Writ of Mandamus directing the respondents to strictly
                     observe and implement the orders of the Hon'ble Madurai Bench of the
                     Madras High Court dated 5th February 2018 passed in W.P.No.19729 of
                     2017         and   remove         all       Cone/Loud               Speakers     from       all
                     institutions/establishments in and around the hill station of Kodaikanal and
                     ensure that ambient air quality standards in respect of noise as per the Noise
                     Pollution (Regulation and Control) Rules 2000 are strictly adhered to in and
                     around the hill station of kodaikanal.

                                    For Petitioner           : Mr.P.R.Raman
                                                               Senior Counsel

                                    For R1 and R2            : Mr.P.Thilakumar
                                                               Government Pleader
                                    For R3 to R5             : Mr.T.Senthil Kumar
                                                               Additional Public Prosecutor
                                    For R6                   : Mr.Mohamed Abdul Rasik
                                                               for Mrs.Madhuri Donti Reddy
                                                               Standing Counsel for TNPCB




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                                                                                             W.P.(MD)No.1468 of 2019




                                                              ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to direct the respondents to implement the order passed by this Court in W.P.No.19729 of 2017 dated 05.02.2018.

2. When the matter is taken up for hearing the learned Government Pleader appearing for the respondents would submit that all the objectionable Cone/Loud Speakers utilized in violation of the noise pollution rules had already been removed. However, the learned counsel appearing for the petitioner disputes the same by stating that still some more Cone/Loud Speakers are not removed.

3. Considering the facts and circumstances, the respondents 1 to 5 are directed to conduct inspection in the entire locality and received informations about illegal usage of Cone/Loud Speakers causing violation of pollution rules and initiate all appropriate and necessary actions to remove the loudspeakers and in the event of commission of the same 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 12:10:29 pm ) W.P.(MD)No.1468 of 2019 violation again, the persons who are liable to be prosecuted in the manner as contemplated under the law. It is not necessary for this Court to reiterate the law on noise pollution which is to be implemented for the benefit of the citizens living in that locality and peaceful living being an integral part under Article 21 of the Constitution. It is the duty mandated on the authorities to ensure that noise pollutions and nuisance created are controlled and actions are initiated. The petitioner is at liberty to furnish the details regarding the Cone/Loud Speakers used in violation of the noise pollution rules

4. With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

                                                                       (S.M.S., J.)         (A.D.M.C., J.)

                                                                                   24.06.2025
                     NCC :yes/No
                     Index :yes/No
                     Internet:yes/No
                     rgm




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                                                                                      W.P.(MD)No.1468 of 2019



                     To

                     1. The Collector,
                        Dindigul Collector Office,
                        Thiagi Subramania Siva Maligai,
                        Velu Nachiyar Valaham,
                        Chettinaickenpatti,
                        Dindigul-4.

2. The Revenue Divisional Officer, Revenue Divisional Office, Kodaikanal, Kodaikanal Taluk, Dindigul District.

3. The Superintendent Of Police, Chennamanayakkanpatti, Dindigul District.

4. The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

5. The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

6. The Distsrict Environmental Engineer, Tamilnadu Pollution Control Board, Collectorate Complex, Dindigul.

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 12:10:29 pm ) W.P.(MD)No.1468 of 2019 S.M.SUBRAMANIAM, J.

and A.D.MARIA CLETE, J.

rgm W.P(MD).No.1468 of 2019 and W.M.P(MD).Nos.1254 and 2295 of 2019 24.06.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 01/07/2025 12:10:29 pm )