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2018 Supreme(Mad) 851

R.MAHADEVAN
Ashtalakshmi Nagar – Appellant
Versus
Inspector General of Police, Central Zone, Trichy – Respondent


Advocates Appeared:
For the Petitioner:T. Senthil Kumar, Advocate
For the Respondents:J. Gunaseelan Muthiah, Government Advocate, N.S. Karthikeyan, Additional Government Pleader, Dispensed with

Judgement Key Points

Based on the provided legal document, the key legal principles and directives related to noise pollution and the regulation of loudspeakers are as follows:

  1. Fundamental Rights and Noise Pollution: The right to freedom of speech and expression is not absolute and must be balanced against the right to live in a peaceful, noise-free environment. Excessive noise that interferes with the normal enjoyment of life can be considered a nuisance and is subject to regulation (!) (!) (!) (!) (!) .

  2. Legal Definition of Noise Pollution: Noise is recognized as unwanted sound that can be harmful to health and well-being. It is included within the scope of air pollutants under environmental laws and is defined as an undesirable or disturbing sound (!) (!) (!) (!) (!) (!) (!) .

  3. Statutory Laws and Regulations: Several laws and rules are in place to regulate noise pollution, including:

  4. The Noise Pollution (Regulation and Control) Rules, 2000, which categorize areas and specify permissible noise levels, restrict the use of loudspeakers without permission, and prohibit noise beyond certain decibel levels in specified zones (!) (!) (!) (!) (!) (!) (!) (!) (!) .
  5. The Indian Penal Code provisions that address noise as a form of public nuisance, with penalties for acts causing annoyance or injury to the public (!) (!) (!) .
  6. The Criminal Procedure Code grants magistrates the authority to order the removal of nuisances, including noise disturbances (!) .
  7. The Motor Vehicles Act, 1988, regulates the use of horns and silencers on vehicles to control noise emissions (!) (!) (!) (!) (!) (!) (!) (!) .

  8. Restrictions on Loudspeakers and Amplifiers:

  9. Use of loudspeakers is permitted only with prior written permission and is restricted during night hours (10 p.m. to 6 a.m.) (!) .
  10. The noise level at the boundary of public places using loudspeakers must not exceed specified decibel limits, and amplification beyond permissible levels constitutes an offense (!) (!) (!) .

  11. Responsibility and Enforcement:

  12. Authorities are mandated to enforce noise regulations strictly, including seizing and confiscating offending sound equipment (!) (!) (!) .
  13. There is a need for trained enforcement personnel equipped with appropriate measuring instruments such as sound level meters (!) (!) .

  14. Awareness and Preventive Measures:

  15. Creating public awareness about the harmful effects of noise pollution is emphasized, including educational initiatives, awareness campaigns, and civic education (!) (!) (!) .
  16. Special attention should be given to regulating noise during festivals, religious events, and public gatherings, encouraging quieter alternatives (!) (!) .

  17. Guidelines and Directions for Authorities:

  18. The state must implement and enforce noise control rules diligently.
  19. Specific instructions include banning or restricting the use of cone speakers and loudspeakers in public and religious places, especially during nighttime, and ensuring compliance through inspections and penalties (!) (!) (!) (!) (!) (!) .

  20. Judicial Directions:

  21. The courts have directed that loudspeakers and sound systems should operate within prescribed noise limits, and violations should be met with appropriate legal action.
  22. Authorities are instructed to communicate and ensure adherence to these regulations, with periodic reporting on compliance (!) .

In summary, the legal framework emphasizes the regulation of noise pollution through specific rules, the balancing of fundamental rights, strict enforcement measures, and public awareness initiatives to mitigate the adverse effects of noise, particularly from loudspeakers and public address systems.


JUDGMENT :

1. This writ petition has been filed seeking a writ of Mandamus to direct the respondents 1 to 7 herein to take appropriate action against the ninth respondent who is creating noise pollution by using prohibited horn type loudspeaker without getting any permission or licence, within the time limit that may be stipulated by this Court.

2. Considering the nature of the issue involved herein, this Court by order dated 21.12.2017, suo-motu, impleaded the Secretary to Government, Public Department, Fort St. George, Chennai – 600 009, as the tenth respondent in this writ petition.

3. Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents 1, 2, 5, 6, 7 and 10. Mr.N.S.Karthikeyan, learned Additional Government Pleader takes notice for the third respondent. In view of the order that is going to be passed, notice to the other respondents is dispensed with.

4. By consent, the writ petition itself is taken up for final disposal.

5. According to the petitioner, the petitioner Sangam is registered under the Tamil Nadu Societies Registration Act and the members of the petitioner Sangam are residing in the said area. Meanwhile, the ninth respondent - Church wit


































































































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