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HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
ANOOP CHANDRAN – Appellant
Versus
UNION OF INDIA – Respondent
WP(C)/7261/2017
Noise - Pollution Control - Environment (Protection) Act, 1986; Noise Pollution (Regulation and Control) Rules, 2000; Kerala Police Act, 2011 - The court examined the regulations concerning noise pollution, emphasizing the enforcement of limits specified in the Noise Pollution Rules and the Kerala Police Act, highlighting that loudspeaker usage must comply with these laws to ensure public order and tranquility.
Fact of the Case:
The court took suo motu cognizance of a complaint regarding sound pollution from places of worship in Kerala. The proceedings involved multiple government entities and addressed the enforcement of noise regulations, focusing on the use of loudspeakers and associated legal provisions.
Finding of the Court:
The court found that existing noise pollution regulations were not being effectively enforced. It emphasized that institutions must adhere to noise limits as set out in relevant laws and established that use of loudspeakers required proper authorization, particularly during restricted hours.
Issues: Whether the existing noise pollution regulations were being enforced adequately and if the use of loudspeakers at religious places during specified hours constituted a violation of these regulations.
Ratio Decidendi: The court held that public order necessitates strict compliance with noise pollution controls, affirming that the right to perform religious activities is subject to regulatory measures aimed at maintaining peace and quiet in communities.
Final Decision: The court directed strict implementation of noise pollution regulations and monitoring by relevant authorities.
J U D G M E N T
S. Manikumar, C. J.
Taking note of a letter dated 06.02.2017 sent by one Anoop Chandran, Valiyamala, Thiruvananthapuram, Registry has been directed to initiate suo motu action, and thus, W. P. (C) No. 7261 of
2017 has been registered.
2. Record of proceedings shows that on 10.02.2017, 14.02.2017 and 02.03.2017, this Court has passed the following interim orders:-
“1. Apart from treating this matter as a petition registered suo motu for consideration by the Division Bench dealing with Devaswom cases, it is also taken cognizance of under Article 226 of the Constitution of India.
2. The following authorities, institutions and establishments are hereby impleaded and shall be arrayed as respondents:
1) Union of India.
2) State of Kerala, represented by the Chief Secretary to the Government of Kerala.
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3) Government of Kerala, represented by the Chief Secretary to the Government of Kerala.
4) Department of Home, Government of Kerala.
5) State Police Chief, Government of Kerala.
6) The Kerala State Pollution Control Board, represented by its Member Secretary.
7) District Collectors and District Magistrates of all the districts of Kerala
8) The Travancore Devaswom Board, represented by its Secretary
9) The Cochin Devaswom Board, represented by its Secretary. 10) The Guruvayoor Devaswom, represented by its Secretary.
11) Koodalmanikyam Devaswom, represented by its Secretary.
3. Sri.Anoop Chandran who sent the complaint will be arrayed as the petitioner. The Registry will inform him over phone about the next listing of this matter for further consideration.
4. Learned Assistant Solicitor General takes notice for 1st respondent. Learned Senior Government Pleader takes notice for respondents 2 to 5 and all officers/authorities enlisted at Serial No.7. Respective learned standing counsel take notice for respondents at Serial Nos.6, 8, 9, 10 and 11.
Show the name of the learned Senior Government Pleader, the learned Assistant Solicitor General and the learned standing counsel appearing for the other respondents in the cause list.”
“2. The learned Senior Government Pleader is justified in saying that the complaint appears to be only as regards places of WP(C): 7261 of 2017 -6-
worship (in particular, places of hindu religious worship). The menace of sound pollution and violation of laws under which limits as to sound have been fixed, has to apply not merely to places of worship, but as regards any user of loudspeakers etc. Unless any institution or programme is exempted by the competent authority under any law authorising grant of such exemption, the regulations under the laws governing sound pollution and also user of such public address systems and equipments will have to be enforced, appropriately. The State Government, Union of India, the Kerala State Pollution Control Board authorities and the Institutions which have been impleaded for the time being, may place their affidavits responding to the issue raised by the complainant and noticed through order dated
10.02.2017 and this order, before the next date of hearing.”
“1. The orders issued on 10.2.2017 and 14.2.2017 in D.B.P. No.10 of 2017 will be treated as orders issued in this suo motu writ petition today.
2. Having regard to the contents of Circular No.F1/92/Home dated 7.1.1993 issued by the Government of Kerala through the Home (F) Department, it is directed that the State Police Chief, all District Collectors, District Magistrates, all Commissioners of Police, all Superintendents of Police and all officers under their command will ensure that the contents of the said Circular are given effect to in letter and spirit, except at the peril of any defaulter of such official duties, by way of penalty or other impositions as may be ordered, if any dereliction in that regard is noted.
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3. The Malabar Devaswom Board, represented by the Commissioner, Housefed Complex, Thenjipalam P.O., Kozhikode-673006, and the Kerala State Wakf Board, represented by the
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