Dismissed

Sri.Namburi Sri Rama Chandra Raju v. the State of Andhra Pradesh

Andhra Pradesh HC11 Sept 2023WP/12705/2023

Case brief

AI extract

What is this about?

Petitioner challenged Temple authorities' use of loudspeakers causing noise pollution under Article 226. Court dismissed the petition for lack of supporting material proving infringement and omission of a respondent who received the initial representation.

What did the court decide?

Writ petition dismissed without costs; competent to approach authorities with appropriate material in future.

Sri.Namburi Sri Rama Chandra… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA^PRADESH ::^AMARAVyATI (Special Original Jurisdiction) ?

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.
MONDAY, THE ELEVENTH DAY OF SEPTEMBER ; 4's:
TWO THOUSAND AND TWENTY THREE ..,~„

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 12705 OF 2023

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Between:

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Sri.Namburi Sri Rama Chandra Raju, S/o Venkata Raju, Aged 68 years, D. No. 2- 126, Main Road, Vinayaka Temple Street, Ainavilli, East Godavari District, Andhra Pradesh.

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...PETITIONER

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AND

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The State of Andhra Pradesh, rep by its Principal Secretary to Government Endowments Department, Tulluru, Secretariat Buildings Velagapudi, Guntur District.

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The Deputy Commissioner, Endowrnerts Department, Prakasam Street, Ramaraopeta, Kakinada, Kakinada District, Andhra Pradesh.

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The Station House Officer, Ainavilli PS, East Godavari District, Andhra Pradesh.

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The Executive Officer, Sri Vighneswara Swamy Devasthanam Ainavilli, East Godavari District Andhra Pradesh - 533211.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 4th Respondent Executive Officer in considering the representation of the Petitioner made on 27.03.2023 and thereby allowing the Loud Speaker to play throughout the day which is over and above 100 decibels (db) resulting in not only sound pollution, but also causing harm to the car of the Petitioner who is a senior citizen and a peace-loving person, as being arbitrary, illegal and violating Articles 14, 16 and 21 of the Constitution of India and also being opposed to religious sentiments of a Hindu where such loud volume is tolerable only on specific festivals/ occasions, but not throughout the day and consequently direct the 2^nd Respondent to consider the representation of the Petitioner Dated 27-03-2023 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.

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IA NO: 1 OF 2023

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent Deputy Commissioner to issue necessary instruction to the 4th Respondent Executive Officer to resolve the issue of the Petitioner raised in his representation dated 27.03.2023 addressed to the 2nd Respondent, pending disposal of the Writ Petition, in the interest of justice.

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Counsel for the Petitioner(s): SRI. SRI VIJAY MATHUKUMILLI

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Counsel for the Respondents 1 & 2 : GP FOR ENDOWMENTS

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Counsel for the Respondent No.3 : GP FO Z HOME

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Counsel for the Respondent No.4 : SRI KANDA SRINIVASU, SC FOR ENDOWMENTS

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.12705 of 2023

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Namburi Sri Rama Chandra Raju, S/o Venkata Raju, aged 68 years, D.No.2126, Main Road, Vinayaka Temple Street, Ainavilli, East Godavari District, Andhra Pradesh.

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Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government Endowments Department, Tulluru, Secretariat Buildings, Velagapudi, Guntur District and three others.

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Respondents

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Counsel for the petitioner : Sri M. Sri Vijay Counsel for respondents GP for Endowments for Endowments Endowments

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GP for Endowments for Endowments Endowments

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GP for Home

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Sri K. Srinivasu, learned

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standing counsel

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ORDER

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This writ petition is filed to declare the action of respondent No.4 in not considering the representation, dated 27.03.2023 of the petitioner and allowing to play the

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Page 2 of 6

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SRS, J W.P.No.12705 of 2023

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loudspeaker throughout the day, over and above 100 decibels (db) as illegal and arbitrary.

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In the writ affidavit, it was contended that petitioner is permanent resident of Ainavilli village and the house of the petitioner is situated close to the Temple. The authorities of the Temple have been polluting the atmosphere in and around the Devasthanam. The authorities undertook civil, electrical and fabrication works. As a result, a lot of sound emanated from said works. Since recent past, loudspeaker is being played with a maximum volume, over 70 db throughout the day. Petitioner made representation on 27.03.2023 to Executive Officer of respondent No.4. Since there was no response from the authorities, the above writ petition is filed.

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Heard Sri M. Sri Vijay, learned counsel for the petitioner and learned Government Pleader for Endowments for respondent Nos.1 and 2 and Sri K. Srinivasu, learned standing counsel for respondent No.4.

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Learned counsel for the petitioner by placing reliance on decision reported in Church of god (Full Gospel) in India

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v. I.K.R. Majestic Colony Welfare Association and

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Page 3 of 6

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SRS, J W.P.No.12705 of 2023

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others', submits that in residential area, limit of^dbis55 during day time. However, the Temple authorities are^playing the loudspeaker throughout the day with 100 db.

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Learned counsel appearing on behalf of the respondents submit that petitioner made representation, dated 27.03.2023 to the Assistant Commissioner, Endowments Department, however, Assistant Commissioner, Endowments is not arrayed as respondent in the writ petition.

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In Church of god (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association and others (referred to supra), the Hon'ble Apex Court held as under at para No.l l:

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"11. Other relevant Rules for controlling noise pollution are:

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"4. Responsibility as to enforcement of noise pollution control measures.—(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.

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(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due

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1 2000 (7) scc 282

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Page 4 of 6

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SRS, J W.P.No.12705 of 2023

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compliance of the ambient air quality standards in respect of noise. ..."

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There is no dispute regarding observation of the Hon'ble Apex Court. However, the case at hand, except making an averment in para No.2 of the writ affidavit that the noise level emanating from usage of loudspeaker is around 100 db, petitioner has not filed any supporting material. The selfserving statement of the petitioner without any supporting material will not entail the writ petitioner for grant of relief under Article 226 of the Constitution of India. Infringement of fundamental or constitutional right is sine qua non for grant of relief under Article 226 of the Constitution of India. Unless petitioner proves infringement of his legal right and corresponding legal obligation, this Court will not grant any relief under Article 226 of the Constitution of India.

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Apart from the above, as seen from the representation, dated 27.03.2023 filed along with this writ petition, representation was made to the Assistant Commissioner, Endowments Department. However, the Assistant Commissioner is not made party respondent to this writ

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Page 5 of⁶

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SRS, J W.P.No.12705 of 2023

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petition. There are no merits in the writ petition. Writ^petition

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is liable to be dismissed.

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Accordingly, the writ petition is dismissed. No costs.

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It is made clear that this order will not preclude the petitioner from approaching the authorities with appropriate material.

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As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

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SDI- B. CHITTI JOSEPH ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to SRI. SRI VIJAY MATHUKUMILLI Advocate [OPUC] 2. Two CCs to GP FOR ENDOWMENTS, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT] 4. One CC to SRI SRI KANDA SRINIVASU, SC FOR ENDOWMENTS [OPUC] 5. Three CD Copies Madhu

HIGH COURT

DATED:11/09/2023

ORDER

WP.No.12705 of 2023

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03 NOV 2023 ~.i Gj
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DISMISSING THE WP WITHOUT COSTS

Sri.Namburi Sri Rama Chandra Raju v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sri.Namburi Sri Rama Chandra Raju v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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