P.N. Richard vs District Police Chief (Rural) on 6 January, 2020

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Kerala High Court

P.N. Richard vs District Police Chief (Rural) on 6 January, 2020

Bench: A.Muhamed Mustaque

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

     MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

                     WP(C).No.12240 OF 2013(D)

PETITIONER:
              P.N. RICHARD
              GREESHMAM, THATHANCODE, ANAD.P.O., NEDUMANGAD,
              THIRUVANANTHAPURAM.

              BY ADV. SRI.A.RAJASIMHAN

RESPONDENTS:
       1     DISTRICT POLICE CHIEF (RURAL),
             THIRUVANANTHAPURAM - 695 001.

      2       CIRCLE INSPECTOR OF POLICE
              NEDUMANGAD, THIRUVANANTHAPURAM - 695 001.

      3       SUB INSPECTOR OF POLICE
              NEDUMANGAD, THIRUVANANTHAPURAM. 695 001.

      4       KANNEERKULAM SHREE PARASHAKTHI DEVI TEMPLE COMMITTEE
              THATHANCODE, ANAD.P.O., NEDUMANGAD,
              THIRUVANANTHAPURAM-695 001. REPRESENTED BY ITS
              SECRETARY GANESAN.

      5       MAHENDRAN ASARI.R.
              PARASAKTHI JEWELLERS, POTHENCODE, POTHENCODE.P.O.,
              THIRUVANANTHAPURAM-695 001.

      6       GANESAN.A.
              PAVITHRAM JEWELLERS, VELLANAD.P.O.,
              THIRUVANANTHAPURAM-695 001.

      ADDL.   ENVIRONMENTAL ENGINEER,
      R7      DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL
              BOARD, THIRUVANANTHAPURAM.
                 IS IMPLEADED AS ADDL.R7 AS PER ORDER DATED
              13.06.2013 IN IA NO.7628/2013.

              R4 BY ADV. SRI.D.KISHORE

OTHER PRESENT:
             SRI.RAVIKRISHNAN, GOVT. PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
06.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.12240/2013                  2


                                JUDGMENT

Dated this the 6th day of January 2020 This writ petition was filed in the year 2013 alleging that the party respondents are using microphones, amplifiers and loud speakers and causing noise pollution in the area where the petitioner inhabits.

If the nuisance exists, the petitioner is free to take up the matter with the Deputy Superintendent of Police as well as with the Pollution Control Board.

With liberty as above, this writ petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE smp W.P.(C) No.12240/2013 3 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DISCHAGE RECORD DATED 28.10.2010.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DTD. 19.11.2012. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DTD. 20.11.2012. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DTD. 20.12.2012. RESPONDENT'S EXHIBITS:

EXHIBIT R6(a) TRUE COPY OF THE LICENSE ISSUED TO THE 4TH RESPONDENT-TEMPLE ON 20.03.2013 BY THE CONCERNED AUTHORITY FOR USING LOUDSPEAKER.

True Copy P.S to Judge smp

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