Noise pollution has an adverse effect on public health.

The prayer is for a Mandamus to forbear respondents 1 to 3 from giving permission to the fifth respondent for the purpose of playing microphone in a private temple within the premises bearing Door No.64 Nehru Street, Karaikal, Union Territory of Pondicherry, on the following allegations:

The fifth respondent, a resident of Karaikal, had purchased the property at Door No.64, Nehru Street, and illegally put up a construction and using it as Kalyana Mandapam. He had not obtained a sanctioned plan. The plan originally sanctioned has no connection whatsoever with the construction put up by him. The petitioner has complained to the authorities and they have also initiated legal action to prosecute the fifth respondent. The said construction adjoins the petitioner's compound wall. The fifth respondent has installed an Amman statue. During December and January, he secured permission from respondents 1 to 3 and played music through microphone at odd hours causing immense nuisance to neighbours. The petitioner's family was directly affected on account of the noise emanating from that place. The distance between the temple and the petitioner's house is hardly one foot. The fourth respondent has also given electricity supply to the temple. The third respondent permitted the fifth respondent to play music at odd hours. The fifth respondent did not adhere to the timings. There is unabated nuisance caused. During the previous year, the petitioner had given objection, but, the same was rejected by the first respondent. The fifth respondent was instructed to follow the timings and to reduce the volume to the barest minimum. The directions were not followed. The Tamil Nadu Legislature has also passed a legislation regulating the use of sound amplifiers in public places. Any violation of the licence conditions should result in cancellation of licence. However, so far as Union Territory of Pondicherry is concerned, to the knowledge of the petitioner, no legislation corresponding to the provisions of the Madras City Police Act has been passed. The fifth respondent had deliberately turned the microphone facing the petitioner's house and caused great nuisance and harassment to the petitioner's family. The petitioner has an aged mother, who is unable to bear the nuisance on account of the noise. There is no law or principle that mandates playing of music in temples, and that too, film songs. In these circumstances, the writ petition has been filed.

2. The respondents have been served.

3. The fifth respondent has filed a detailed counter stating inter alia as follows:

The petitioner has suppressed the material facts with mala fide intention to prevent the fifth respondent from doing his lawful business in running the Kalyana Mandapam. The fifth respondent obtained an approved plan in Plan No.604/kpa/98, dt.17.3.1999 from the Chairman and the Member-Secretary of Karaikal Town Planning authority for putting up a Kalyana Mandapam. He constructed as per the approved plan and completed the work in 2001. At the time of construction, nobody objected to the sanction. The writ petitioner is residing at 219, Church Street, Karaikal. The microphone is in Door No.62, Nehru Street, which is on the south-east of the petitioner's property. The fifth respondent purchased the property bearing Old Door No.218, lying immediately on the south of Door No.219, owned by the writ petitioner, and on the west of the Kalyana Mandapam put up by him. There arose a litigation between the writ petitioner and the vendor of the fifth respondent, and the same is still pending. The fifth respondent, as Power of Attorney of his vendor, is handling the litigation. The petitioner was enraged by purchase of the property by the fifth respondent and putting up of construction, and his pursuing the litigation. The petitioner sent telegrams dt.22.10.2001 and 24.10.2001 to the Town Planning Authority, containing false allegation that the Kalyana Mandapam had been put up in violation of