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 for prohibitory injunction restraining them from using the loud speakers. Trial Court decreed the suit and granted declaration. Despite decreetal of the suit, has filed the writ petition on 15.06.2015 with the following memo of parties on the ground that the District Collector is not abiding by the decree and also the complaint made in this behalf as there are about 35 families residing within the radius of 50 to 70 feet from the church premises.

Respondents

1 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM COLLECTORATE, PERROKKADA, THIRUVANANTHAPURAM-695 016.

2 THE SECRETARY CORPORATION OF THIRUVANANTHAPURAM, OFFICE OF THE THIRUVANANTHAPURAM CORPORATION, PALAYAM, THIRUVANANTHAPURAM-695 012.

3 THE CITY POLICE COMMISSIONER, OFFICE OF THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM-695 003.

4 ALICE DEVADAS MEMORIAL CHURCH, PANCHAMI GARDENS, JAGATHY, THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS SECRETARY.

Petitioners submit that two loud speakers each on either side and four loud speakers are fitted on the two walls of the church which cause lot of disturbance and also exceeding the decibel limit as provided under the Noise Pollution Control and Regulation Rules, 1999. Thus it is violation of Article 21 of the Constitution of India.

2. Learned counsel for the respondent – Church filed the counter affidavit and stated that they are using only two loud speaker that too, with minimum sound and kept inside the Church without disturbing the right of any person in the locality or creating any sound pollution. It is only in Easter years, the Church uses the loud speakers which was prohibited by the Court and Church is abiding by the same.

3. I have heard the learned counsel for the parties and appraised the paper book.

4. Paragraph 5 to 9 of the counter affidavit filed on behalf of respondent No.4 reads as under:

“5. The writ petition is filed by the petitioner with some ill motive. It is submitted that the Church in question is functioning there for more than 40 year and large number of families are using the service of the Church as well. The allegation that the Church is using loud speaker between 5 A.M to 8 P.M and the voice rate of the speaker is of 130 decimal are absolutely incorrect and denied.

6. It is submitted that the prayers and service are being conducted in the Church only on Sundays and on some holidays between 8 A.M - 10 A.M only without causing any disturbance to anybody in the locality. The Church use only two loud speakers that too which are kept inside the Church and the sound from those speakers are less than 30 decimals.

7. It is submitted that in yesteryears the Church was using loud speakers and such use was prohibited by the Court and the Church abide to the same strictly thereafter while using loud speakers. The members of the Church are law abidi