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2024 Supreme(Online)(KER) 13346

HIGH COURT OF KERALA
GOPINATH P, J
DR.SREEKANTHAN – Appellant
Versus
THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM – Respondent


JUDGMENT

The petitioners are the plaintiffs in O.S. No.544 of 2011 on the file of Additional Munsiff's Court-III, Thiruvananthapuram, which is a suit for declaration and permanent prohibitory injunction. The said suit was decreed on 11.06.2014, granting a permanent prohibitory injunction, restraining the defendant in the suit (the 4th respondent herein) from using loud speakers and also restraining the said defendant from creating noise pollution above the permissible level of decibel level. Petitioners have approached this Court, being aggrieved by the fact that despite the fact that the suit was decreed as above, the 4th respondent continues with the usage of loud speakers and despite complaint to the 1st respondent, no action was being taken to ensure that the injunction of the civil court is obeyed by the 4th respondent.

2. This Court, on 19.09.2023, had passed the following order:-

‘’1. Petitioners herein along with one M.Prasad had approached the civil court vide Civil Suit No.544/2011 on 30.3.2011 against the 4th respondent/defendant church for declaration that the use of loud speakers and speakers within the boxes by the defendant was above the permissible decibel level and fo

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