Single judge disposed of a writ petition seeking early consideration of an application regarding noise pollution from temple loudspeakers. Court directed the respondent to finalize the application after providing a hearing opportunity.
Direction to finalize Ext.P7 application within two weeks after hearing.
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 SHAJI P.CHALY
THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
WP(C).No. 7807 of 2019
PETITIONER/S:
NANDA KUMAR AGED 62 YEARS
S/O. SANKARAN NAIR, KAMALA BHAVANAM, KATTANAM MURI, KATTANAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT
BY ADV. SRI.VINCENT JOSEPH
RESPONDENT/S:
CHENGANNUR, ALAPPUZHA DISTRICT-689 121
AGED 60 YEARS
PRESIDENT,VALIYAVEEDU DEVI KSHETRA ADVISORY SAMITHY, KATTANAM,KATTANAM MURI, KATTANAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT-690 501
WP(C).No. 7807 of 2019 2
7 NAHESH KUMAR AGED 38 YEARS SECRETARY,VALIYAVEEDU DEVI KSHETRA ADVISORY SAMITHY, KATTANAM,KATTANAM MURI, KATTANAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT690 503
OTHER PRESENT:
SRI. B.VINOD. SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7807 of 2019 3
JUDGMENT
According to the petitioner, petitioner is a
chronic diabetic patient, aged 69 years and is now facing cardiac problem and other diseases. While so, loud speakers are used by the nearby temple without securing any permission from the statutory authority in accordance with the provisions of Noise Pollution(Regulation and Control)Rules, 2000. Thereupon petitioner has submitted Ext.P7 before the 1st respondent seeking appropriate action. The sole
relief sought for is consideration of Ext.P7 on an early basis.
petitioner and the learned Government Pleader, there
will be a direction to the 1st respondent to finalise Ext.P7 application in accordance with law,
after providing an opportunity of hearing to the petitioner as well as respondent Nos. 6 and 7 or any other interested parties, at the earliest, and at
WP(C).No. 7807 of 2019 4
any rate, within two weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of, accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
WP(C).No. 7807 of 2019 5
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF SUBMITTED BY REGISTRAR OF 15.2.2018 |
THE THE KERA |
REPRESENTATION PETITIONER BEFORE THE LA HIGH COURT DATED |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY OF SUBMITTED BY REGISTRAR OF 10.5.2018 |
THE THE KERA |
REPRESENTATION PETITIONER BEFORE THE LA HIGH COURT DATED |
| EXHIBIT P3 | TRUE COPY OF SUBMITTED BY 4TH RESPONDE |
THE THE NT DA |
REPRESENTATION PETITIONER BEFORE THE TED 17.9.2018 |
| EXHIBIT P4 | TRUE COPY OF SECRETARY,BH TO THE PETIT |
THE ARANI IONER |
LETTER SENT BY THE KKAVU GRAMA PANCHAYAT DATED 19.1.2019 |
| EXHIBIT P5 | TRUE COPY OF SUBMITTED BY 5TH RESPONDE |
THE THE NT DA |
REPRESENTATION PETITIONER BEFORE THE TED 31.10.2017 |
| EXHIBIT P6 | TRUE COPY OF SUBMITTED BY 5TH RESPONDE |
THE THE NT DA |
REPRESENTATION PETITIONER BEFORE THE TED 4.4.2018 |
| EXHIBIT P7 | TRUE COPY OF SUBMITTED BY 1ST RESPONDE |
THE THE NT DA |
REPRESENTATION PETITIONER BEFORE THE TED 13.12.2018 |
RESPONDENT'S/S EXHIBITS: NIL
Nanda Kumar
Deputy Superintendent of Police
Circle Inspector of Police
Sub Inspector Vallikkunnam
Assistant Commissioner
Sub Group Officer
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
