O R D E R

(Through Video Conferencing)

The writ petition on hand has been instituted to direct the respondents 1 to 3 to take appropriate action against the 4th respondent and thereby, prevent the 4th respondent from using high volume speakers in the early morning and night hours in their Mosque, by considering petitioner's notice and representation, dated 23.07.2015 and 02.07.2016, respectively.

2.The grievance of the petitioner is that he is residing at Door No.39, Komarapalayam Road, Agraharam Post, Pallipalayam, Kumarapalayam Taluk, Namakkal District. The 4th respondent Mosque situated nearby gives sermon after 10.00 p.m. and before 05.00 a.m. in the loudspeaker in high volume. The petitioner, at the time of filing of the writ petition, was aged about 68 years, was unable to sleep due to the noise created by the 4th respondent, as the petitioner states the noise created nuisance. Thus, the petitioner sent legal notice through his counsel on 23.07.2015. On receipt of his notice, the 1st respondent/District Collector directed the Superintendent of Police, Namakkal, to take appropriate action. Despite the instructions provided, the 4th respondent Mosque has continued its activity of creating noise pollution, which caused mental agony to the petitioner. The Inspector of Police, Pallipalayam, in turn, informed the petitioner to approach the appropriate authorities to work out the remedy. In view of the fact that the authorities expressed their inability to control the irregularities and illegalities, the petitioner is constrained to move the present writ petition.

3.The larger issue to be considered by this Court is about the religious right to be exercised by the citizen under Article 25 of the Constitution of India. Article 25 sub-clause (1) unambiguously stipulates that subject to public order, morality and health and to the other provisions of Part III, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. Thus, the fundamental right under Article 25 of the Constitution of India is subject to public order, morality and health.

4.Right to life under Article 21 is an absolute fundamental right and exercise of fundamental right under Article 25 is undoubtedly subject to the right to life enunciated under Article 21 of the Constitution of India. Thus, every citizen while exercising the right under Article 25 is duty bound to borne in mind that the right to life of other citizen is to be respected. In the event of any violations, such violations or otherwise are actionable. Thus, Article 25 imposes certain conditions for exercise of religious rights subject to public order, morality and health includes many issues in the interest of public and the Authorities Competent in the event of violations are empowered to initiate action. Thus creating nuisance is an offence punishable under the Indian Penal Code. Noise pollution over and above the prescribed level is also an offence which all are actionable under the relevant provisions of the Act and Rules.

5.No person can be allowed to commit any illegality merely on the ground of sentiments of the people or under the guise of religious rights, any such sentiments leading to illegality can never be tolerated by the State and its Authorities. Any leniency would lead to infringement of fundamental rights of the other citizen and therefore, the State is duty bound to ensure that all such religious rights are being exercised by any citizen in the manner contemplated and to the extent permissible under the Constitution of India. Merely by creating sentiments in the public or in any religious places, no person can be allowed to carry on any such illegal activities or otherwise. Encroachments, usage of loudspeakers causing disturbance and nuisance are to be viewed seriously and all necessary actions are to be initiated for the purpose of restraining such persons from creating such nuisances or disturbances to the public at large