IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

TUESDAY, THE 8^TH DAY OF OCTOBER 2024 / 16TH ASWINA, 1946 WP(C) NO. 6465 OF 2023 PETITIONER:

ANAS T.K, S/O. THAJUDDIN, AGED 35 YEARS, ABALAYIL VEEDU, MARUTHUKULANGARA SOUTH, KARUNAGAPPALLY, KOLLAM, PIN – 690573.

BY ADV. SRI. A.J.SHAHEER RESPONDENTS:

1 THE DISTRICT COLLECTOR,DISTRICT COLLECTOR OFFICE, CIVIL STATION ROAD, KANKATHUMUKKU, KOLLAM, PIN – 691013.

2 THE COMMISSIONER OF POLICE,OFFICE OF THE COMMISSIONER OF POLICE, KOLLAM - KADAPPAKKADA ROAD, KADAPPAKKADA, KOLLAM, PIN – 691008.

3 THE SUPERINTENDENT OF POLICE,OFFICE OF THE SUPERINTENDENT OF POLICE, ASRAMAM ROAD, ASRAMAM, KOLLAM, PIN – 691001.

4 THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE,KARUNAGAPPALLY PO,KOLLAM,PIN 690518.

* ADDL.5 “MARUTHOORKARA KSHETHRA BHARANA SAMITHI”, MARUTHOORKKARA MAHADEVAR KSHETHRAM, MARUTHOORKULANGARA, AALUMKADAVU.P.O., KARUNAGAPPALLY, KOLLAM, PIN 690 573, REPRESENTED BY ITS SECRETARY.

* ADDL.R5 IMPLEADED AS PER ORDER DATED 10.3.2023 IN I.A.NO. 1/2023.

SMT.PREETHA K., SR.GP ADV. SRI.SAIJO HASSAN, FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C. P. , J.

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W. P. (C) No. 6465 of 2023 ==============================================

Dated this the 8^th day of October, 2024 J U D G M E N T The Writ Petition is filed alleging sound pollution caused by the

5^th respondent in connection with the festivals/annual festival of the 5^th respondent's temple. The petitioner, therefore, prays for directing respondents 1 to 4 to take necessary steps to prevent the alleged sound pollution caused by the members of the 5th respondent in connection with their festival.

2. A counter affidavit has been filed on behalf of the 5^th respondent which states as follows:

“7. The averments in the para 4 and 5 are not correct hence denied. It is submitted that the festival of the temple is usually conducting only with the prior sanction from the proper concerned authorities. The temple never violated any rules and regulations of the License condition or Sound Pollution. After the year 2019, this respondent temple never put any loud speaker near to the premises of the petitioner and this respondent hereby submits that this respondent has no intention to put the loud speakers to the alleged place which was already communicated to the petitioner. So it is clear that this petition is filed with malafied intention only to harass this respondent and temple.

8. With regards to the averments in the para 6, this respondent is admitting the fact that this respondent obtained the Mike Sanction from the Office of the Assistant Commissioner Kollam and denying the rest of the allegations in the para. There is no such act were done by this respondent or temple.”

3. The averments made above are recorded.

4. The learned Government Pleader submits, on the basis of the complaint preferred by the petitioner, that, Crime No. 276/2020 was registered at Karunagapally Police Station against the members of the 5th respondent alleging offences under Sections 268 & 188 of the IPC and also, under the provisions of the Environmental Protection Act. The final report was filed and the case is now pending before the Karunagappally Magistrate Court as C.C.No. 1361/2020. It is also pointed out that, a notice was issued to the 5th respondent under Section 77 of the Kerala Police Act on 19.1.2022 and instructions were given to avoid the illegal use of loudspeakers. It is also submitted that, on the basis of the complaint made by the petitioner on 25.11.2022, the electric connection to the loudspeaker fixed near the petitioner's house was disconnected.

5. These statements are also recorded.

6. Taking note of the undertaking given by the 5^th respondent, as noted above, it is directed that the same shall be complied with in letter and spirit. In case there is any violation on th