Petitioner sought direction to stop loudspeaker use in an adjacent temple alleging noise pollution. Court relied on Environmental Engineer's report showing levels under 55dB(A) and dismissed the writ petition.
Relief sought to stop loudspeaker use dismissed; liberty reserved to approach authorities if future sound pollution is proven.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937
W.P.(C).No.10744 of 2009 (K)
PETITIONER(S):-
K.NARASIMHAN NAIR, AGED 76 YEARS, S/O.KAMALAVILASAM VEEDU, KANIYARAMKODE, PANAKODE, THIRUVANANTHAPURAM.
BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR.
RESPONDENT(S):
R1 TO R3 BY GOVERNMENT PLEADER SRI.S.JAMAL. R4 BY STANDING COUNSEL SRI.M.AJAY. R5 BY ADV. SRI.R.S.KALKURA R5 BY ADV.HARISH GOPINATH. R4 BY ADV. SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOARD R4 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C).NO.10744 OF 2009-K
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 TRUE COPY OF A COMMUNICATION DATED 6.3.2007.
EXT.P2 TRUE COPY OF A LETTER ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 18.8.2006.
RESPONDENTS' EXHIBITS:-
Vku/
[ true copy ]
K. Vinod Chandran, J
---------------------------------------W.P.(C).No.10744 of 2009-K
Dated this the 24th day of June, 2015
JUDGMENT
The petitioner in the above writ petition is aggrieved
by the alleged noise pollution created by the temple situated in the adjacent property of the petitioner.
WP(C).No.10744 of 2009
reported to be false. It is averred that, on inspection in the temple premises it was noticed that two box type speakers were operating in the temple. The allegation that music was played indiscriminately from 4.30 a.m. to 11.00 p.m. is not correct. The temple timings are between 5.30 p.m. to 8.00 p.m.
WP(C).No.10744 of 2009
Considering the report of the Environmental Engineer, filed in the form of a counter affidavit, dated 06.06.2009, there is absolutely no reason to grant the reliefs as sought for in the writ petition. However, if any sound pollution is created, the petitioner is at liberty to approach the appropriate authorities. Reserving such liberty, the writ petition would stand dismissed. Parties are left to suffer their
respective costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]
1 issue framed by the court
Whether the Environmental Engineer's report justifying the temple's sound levels warrants dismissal of the writ petition for noise pollution.
K.Narasimhan Nair
The Director General of Police, Kerala
The Superintendent of Police, Nedumangad
The Station House Officer, Aryanad Police Station
The Environmental Engineer, Kerala State Pollution Control Board
The Secretary, Aanrayamkode Ayyavally Thamburan Temple
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
