Document Fragment View
Fragment Information
Showing contexts for: loud speaker in Anto Paul Kattookaran vs The State Of Kerala on 21 October, 2022Matching Fragments
ii) Issue a Writ of Mandamus or any other appropriate writ order or direction commanding the respondents 5 and 6 to take appropriate prosecution steps and such other preventive and remedial measures against the 8th respondent in the event of causing noise pollution from St. Antony's Forane church, Ollur by use of loud speaker between 5 AM to 6 AM on all days."
2. The grievance of the petitioner is in relation to the sound pollution caused by the eighth respondent i.e., St. Antony's Forane Church, Ollur, PO Thrissur, by engaging mikes over and above the limit fixed under the Noise Pollution (Regulation and Control) Rules, 2000, constituted as per the provisions of the Environment (Protection) Act, 1986. In fact, the petitioner has approached this Court earlier by filing W.P.(C.) No. 7645/2014 since the statutory authorities before whom Ext.P4 complaint was filed did not take action. The said writ petition was disposed of as per Ext.P5 judgment issuing the following directions:-
"2. In this matter a counter affidavit has been filed by the 7th respondent. The 7th respondent has produced a report of the Pollution control Board along with affidavit as Ext.R7(e). It is stated in the report as follows:-
"As directed by the District Collector, inspection was conducted at St.Antony's Forane Church, Ollur and sound level was measured at 5:20AM on 10.03.2014. During inspection it was seen that 4 Nos. of loud speaker have been replaced with 4 Nos of box type speakers. The sound level measured as 47 dB (A) and the background noise was measured as 46dB(A) and hence there is an effect of IdB(A) due to the playing of devotional songs in Ollur St.Antony's Forance Church. As the background noise is 46dB(A) permissible limit of sound level may reach upto 56dB(A) permissible limit of sound level may reach upto 56dB(A). It is informed that playing of devotional songs between 5.15 AM to 5.45 AM may be continued with a sound level limit of 56dB(A)."
5. A long drawn deliberation in the matter is not required since the issue is guided by the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 (for short, the 'Rules, 2000'). The said Rule is constituted as per the provisions of the Environment (Protection) Act, 1986. It was taking note of the increasing ambient noise levels in public places from various sources, inter-alia, industrial activity, construction activity, generator sets, loud speakers, public address systems, music systems, vehicular horns and other mechanical devices, are having harmful effects on human health and the psychological well being of the people, the Ministry of Environment and Forest decided to regulate and control noise producing and generating sources to maintain the ambient air quality standards in respect of noise. Rule 2(c) deals with the 'authority' who is competent to take action which reads thus:-
Rule 5 deals with restrictions on the use of loud speakers/public address system which reads thus:-
"5. Restrictions on the use of loud speakers/public address system.
(1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority.
(2) A loud speaker or a public address system shall not be used at night (between 10.00 P.M. to 6.00 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms, community halls and banquet halls. (3) Notwithstanding anything contained in sub-rule (2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit the use of loudspeakers or public address systems during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious occasion of a limited duration not exceeding fifteen days in all during a calendar year."