Allowed

V.N.Ambujakshan, v. the District Police Chief

Kerala HC15 Sept 2021WP(C)/19001/2021

Case brief

AI extract

What is this about?

Petitioner challenged inaction by the second Respondent regarding a complaint about noise pollution under the noise pollution rules. The Court directed the second Respondent to investigate and take appropriate action after hearing the petitioner.

What did the court decide?

Direction to the second Respondent to take appropriate action on the complaint (Ext.P3) after hearing the petitioner.

V.N.Ambujakshan, Vs the District Police… — Constitutional and Fundamental Rights | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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WEDNESDAY, THE 15^TH DAY OF SEPTEMBER 2021 / 24TH BHADRA,

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1943

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WP(C) NO. 19001 OF 2021

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PETITIONER:

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V.N.AMBUJAKSHAN, AGED 65 YEARS S/O. NARAYANAN, VELIPARAMBIL, MANAPPURAM P.O., CHERTHALA, ALAPPUZHA-688526.

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BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH

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RESPONDENTS:

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1 THE DISTRICT POLICE CHIEF, CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA, KERALA-688012.

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2 THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA, ALAPPUZHA-688524.

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3 THE SUB INSPECTOR OF POLICE, POOCHAKKAL POLICE STATION, MANAPPURAM P.O., CHERTHALA, ALAPPUZHA-688526.

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4 SREE VISHWESHWARA MAHAVISHNU KSHETRAM, REPRESENTED BY ITS SECRETARY, MANAPPURAM P.O., CHERTHALA, ALAPPUZHA-688526.

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5 THE SECRETARY, SREE VISHWESHWARA MAHAVISHNU KSHETRAM, CHERTHALA, ALAPPUZHA-688526.

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OTHER PRESENT:

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SMT.PRINCY XAVIER-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.19001 of 2021

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..2..

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W.P.(C) No.19001 of 2021

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JUDGMENT

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The grievance voiced by the petitioner in the writ petition concerns the inaction on the part of the second respondent in taking appropriate action on Ext.P3 complaint alleging noise pollution. It is the case of the petitioner that in terms of the provisions contained in the Noise Pollution (Regulation and Control) Rules, 2000, the second respondent is bound to take appropriate action on receipt of a complaint in the nature of Ext.P3. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

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Heard the learned Counsel for the petitioner as also the learned Government Pleader.

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Having regard to the facts and circumstances of the case and the provisions of the Rules referred to above, I deem it appropriate to dispose of the writ petition directing the second respondent to take appropriate action on Ext.P3 complaint, after affording the petitioner an opportunity of

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W.P.(C) No.19001 of 2021

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..3..

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hearing. Ordered accordingly. This shall be done within two weeks. The hearing ordered in terms of this judgment can be conducted through video conferencing as well.

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Sd/P.B.SURESH KUMAR, JUDGE

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ds 15.09.2021

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W.P.(C) No.19001 of 2021

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..4..

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF REPRESENTATION DATED 28/05/2020 PREFERRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ALONG WITH THE POSTAL RECEIPT AND ACKNOWLEDGMENT CARD.

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Exhibit P2 TRUE COPY OF REPRESENTATION DATED 04/02/2021 PREFERRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT WITH COPY TO THE 3RD RESPONDENT ALONG WITH THE POSTAL RECEIPT AND ACKNOWLEDGMENT CARD.

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Exhibit P3 TRUE COPY OF THE COMPLAINT DATED18/05/2021 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE ACKNOWLEDGMENT CARD.

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Exhibit P4 TRUE COPY OF COMPLAINT DATED 16/06/2021 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH THE POSTAL RECEIPT AND ACKNOWLEDGMENT CARD.

V.N.Ambujakshan, v. the District Police Chief

Case brief

What is this about?

What did the court decide?

V.N.Ambujakshan, v. the District Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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