Kerala High Court
K.R. Raveendran Pillai vs Pastor Prince Koshy on 27 July, 2015
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY,THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937
WP(C).No. 13936 of 2013 (N)
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PETITIONER(S):
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K.R. RAVEENDRAN PILLAI, S/O RAMAKRISHNAN NAIR,
AGED 67 YEARS, RESIDING AT KALLUTHAZHATH HOSUE,
KARUVATTA SOUTH, ADOOR P.O, PIN-691 523.
BY ADVS.SRI.C.K.PAVITHRAN,
SRI.M.VIVEK.
RESPONDENT(S):
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1. PASTOR PRINCE KOSHY,
SHARON FELLOWSHIP CHURCH,
KARUVATTA (SOUTH), ADOOR- 691 523.
2. THEOLOGICAL SEMINARY,
MANAKKALA P.O, (VIA) ADOOR,
PATHANAMTHITTA -691 551.
3. DISTRICT SUPERINTENDENT OF POLICE,
ADOOR, PATHANAMTHITTA- 691 523.
4. DEPUTY SUPERINTENDENT OF POLICE,
ADOOR, PATHANAMTHITTA- 691 523.
5. SUB INSPECTOR OF POLICE,
ADOOR, PATHANAMTHITTA- 691 523.
* ADDL. R6 IMPLEADED
6. THE ENVIRONMENTAL ENGINEER,
POLLUTION CONTROL BOARD, PATHANAMTHITTA.
* IS IMPLEADED AS SUO MOTU AS ADDITIONAL 6TH RESPONDENT
AS PER ORDER DATED 27/07/2015.
R1 & R2 BY SRI.K.GOPALAKRISHNA KURUP, SENIOR ADVOCATE.
ADV. SRI.S.MANU.
R3 TO R5 BY GOVT. PLEADER SRI.MANOJ P.KUNJACHAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE
THE FOLLOWING:
rs.
WP(C).No. 13936 of 2013 (N)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM DATED 15-03-2013
PRODUCED BEFORE THE STATION HOUSE OFFICER,
ADOOR POLICE STATION.
EXHIBIT P2 TRUE COPY OF THE PETITION DATED 16-02-2013 ADDRESSED TO
THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE PETITION ADDRESSED TO THE
5TH RESPONDENT.
RESPONDENT'S EXHIBITS:-
EXT.R1A COPY OF THE LIST OF FAMILIES ARE ASSEMBLING IN THE
PRAYER HALL ON ALL SUNDAYS.
EXT.R1B COPY OF THE BILL DATED 16/05/2013 ISSUED TO THIS RESPONDENT
BY THE KERALA ASTATE ELECTRICITY BOARD.
EXT.R1C COPY OF THE NOTICE DATED 13/07/2012 ISSUED BY THE
ASSISTANT ENGINEER ELECTRICAL SECTION, ADOOR.
//TRUE COPY//
P.A. TO JUDGE
rs.
K. VINOD CHANDRAN, J.
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W.P.(C) No. 13936 of 2013 (N)
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Dated this the 27th day of July, 2015
J U D G M E N T
The grievance in the writ petition voiced by the petitioner is with respect to the noise pollution caused by reason of the prayers held in the 2nd respondent's prayer hall, under the leadership of the 1st respondent .
2. The contention raised is with respect to the loud prayers rendered with clapping hands and using drums and loudspeakers in the prayer hall affecting the peaceful life of the neighbours, including the petitioner.
3. Considering the rival averments made in the writ petition and the statement filed, it is only proper that the Pollution Control Board be impleaded herein suo motu. The Environmental Engineer, Pollution Control Board, Pathanamthitta, shall be impleaded as the additional 6th respondent. Sri. Arun Karanavar, learned Standing Counsel, is directed to take notice for the Pollution Control Board.
W.P.(C) No. 13936/2013 -2-
4. A counter affidavit has been filed by respondents 1 and 2 in which it has been clearly stated that there are no regular prayers conducted on all days between 9.30 a.m. to 10.00 p.m. Prayers are said to be conducted only on Sundays from 10.00 a.m. to 1.00 p.m., and week long prayers confined to Christmas and Easter festivals. Amplifiers are said to be used only for such weekly and Sunday prayers and that too, two box type speakers with 80 watt amplifiers. The same is said to be used inside the hall, that too, an air conditioned hall with minimal sound being heard outside the hall.
5. The issue of noise pollution was considered comprehensively by the Honourable Supreme Court in Forum, Prevention of Envn. & Sound Pollution v. Union of India & another - AIR 2005 SC 3136 wherein, paragraph 165 and the directions for loudspeakers are relevant, are extracted here:
W.P.(C) No. 13936/2013 -3-
"165. Loudspeakers and amplifiers or other equipments or gadgets which produce offending noise once detected as violating the law, should be liable to be seized and confiscated by making provision in the law in that behalf.
xxx xxx xxx
xxx xxx xxx
168. II. Loudspeakers
1. The noise level at the boundary of the public place where loudspeaker or public address system or any other noise source is being used shall not exceed 10dB(A) above the ambient noise standards for the area of 75 dB(A) whichever is lower.
2. No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10.00 p.m. and 6. a.m.) except in public emergencies.
3. The peripheral noise level of privately owned sound system shall not exceed by more than 5 dB(A) than the ambient air quality standard specified for the area in which it is used, at the boundary of the private place."
W.P.(C) No. 13936/2013 -4-
6. The respondents, carrying on the prayers in a privately owned prayer hall, would be obliged to follow the directions at clause 3 above. The Government Order issued bearing G.O.(P) No.06/2015/Envn. dt. 28.04.2015 also implements the Supreme Court directions scrupulously.
7. In such circumstances, the undertaking is recorded that respondents 1 and 2 shall not carry on any activities, other than that specifically noticed herein above. It is also directed that if the petitioner has any complaint with respect to the ambient noise level, from the prayer hall, the petitioner can approach the additional 6th respondent and the additional 6th respondent shall immediately take action on the same and measure the noise level and report the matter to the Deputy Superintendent of Police, so as to take action in the matter. If any such violation is detected, necessarily the amplifiers shall also be liable for confiscation and remedial measures also shall be W.P.(C) No. 13936/2013 -5- taken. The respondents shall also comply with the Noise Pollution (Regulation and Control) Rules, 2000.
Writ petition is disposed of.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj