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HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
SATHEESAN .A. – Appellant
Versus
THE CITY POLICE COMMISSIONER – Respondent
WP(C) 40305/2016
Noise Pollution - Writ Petition - Noise Pollution Control Act, 2000 - Sections 3, 5, 6, 7 - The court restrained the respondents from using loudspeakers or any noise-generating system without obtaining necessary permission from the competent authority, as the noise level generated from the loudspeakers exceeded the permissible limit and caused inconvenience to the petitioner.
Fact of the Case:
The petitioner filed a writ petition seeking a writ of mandamus or other appropriate writ, order, or direction commanding the respondents to take action against the 7th respondent for causing noise pollution and sound pollution by using a speaker box fitted with a loudspeaker in front of the shed of the temple, opposite the petitioner's house, without obtaining permission from the statutory authority. The noise pollution caused inconvenience and nuisance to the petitioner and his family, as well as disrupted the studies of his children.
Finding of the Court:
The court found that the noise level generated from the loudspeakers exceeded the permissible limit and directed the respondents 7 to 14 (the Temple Committee and Mike operators) to be restrained from using loudspeakers or any noise-generating system without obtaining necessary permission from the competent authority.
Issues: Whether the respondents were causing noise pollution and sound pollution by using a speaker box fitted with a loudspeaker in front of the shed of the temple, opposite the petitioner's house, without obtaining permission from the statutory authority, and whether the court should issue a writ of mandamus or other appropriate writ, order, or direction to the respondents to take action against the 7th respondent.
Ratio Decidendi: The court's decision was based on the finding that the noise level generated from the loudspeakers exceeded the permissible limit and caused inconvenience and nuisance to the petitioner and his family, as well as disrupted the studies of his children. The court relied on the provisions of the Noise Pollution (Regulation and Control) Rules, 2000, which require permission from the competent authority for the use of loudspeakers or any noise-generating system.
Final Decision: The court disposed of the writ petition with the observation that if there is any noise pollution, the petitioner can bring it to the notice of the competent authority, and the competent authority will take the necessary action in light of the order dated 03.12.2020.
The above writ petition is filed with the following prayers:
2. When this writ petition came up for consideration on 03.12.2020, this Court passed the following order;
2. The learned Standing Counsel for the Kerala State Pollution Control Board submits that the noise level generated from the loud speaker exceeds the limit. The petitioner said that no permission was obtained from the competent authority to use the loud speaker.
Having considered the matter, I am of the view that respondents 7 to 14 has to be restrained from using loud speakers or any noise generating system without obtaining necessary permission from the competent authority. Respondents 3 and 4 shall ensure that this order is complied with by respondents 7 to 14.”
3. If there is any noise pollution, the petitioner can bring to the notice of the competent authority and the competent authority will do the needful, in the light of order dated 03.12.2020. With the above observation, this writ petition is disposed of.
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