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2003 Supreme(Mad) 445

K.SAMPATH
M. Veerateswaran – Appellant
Versus
The Deputy Collector & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. V. Raghavachari, Advocate. For the Respondents:Mr. E. Vijay Anand, for G.P. Pondicherry, R5 Mr. T.Suseendran, Advocates.

Judgment :-

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 r




















































































































































































































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