O R D E R

The relief sought for in the present writ petition is to direct the respondents not to grant permission for gatherings and usage of loud speakers in the vacant piece of land belonging to the Railways near Railway track abetting Vanniyar Street, Savadipalayam Pudur, Nanjai Uthukuli Village, Erode District, affecting the usage of the Street, their movement and the normal life of the residents.

2. The petitioner is a resident of Savadipalaym Pudur in Nangai Uthukuli Village, Erode District. He owns a house and landed properties in the said village. The petitioner is the president of Nanjai Uthukuli Village Vinayagar Nagar, Savadipalaym Pudur Residents Welfare Associations, registered under Tamil Nadu Societies Registration Act, 1975 with Sl.No.68/2014.

3. The grievances of the writ petitioner is that abetting the Railway Track from Erode to Trichy in their village, there is a small piece of land belonging to Railways at the end of our street. The petitioner states that though the area is very small, some miscreants in the name of youths belong to the village are often misusing the said piece of land for their unlawful gatherings, and creating great nuisance to the residents of the street by parking vehicles in the street and raising flutter of huge noise through loud speakers. Especially, during festival seasons, these persons are arranging music feast with loud speakers of high decibels and giving unbearable nuisance by blocking the street.

4. The petitioner states that several complaints were given and no action has been initiated. Thus, the petitioner is constrained to move the present writ petition.

5. The letter dated 24.01.2013 issued by Divisional Railway Manager (Works), Southern Railway, Salem, indicates that permission for conducting Pongal festival cultural and sports events were granted.

6. No doubt, the land belongs to the Railways may be utilized for celebrations. However, creation of nuisance by using loudspeakers beyond the permissible decibels are to be controlled by the authorities competent. Usage of land, grant of permission is the administrative decision to be taken by the authorities. However, such usage should not cause inconvenience, nuisance to the residents of that locality. The authorities, who are granting permission, is duty bound to ensure that the rights of other citizen in the nearby vicinity and locality are also protected. While granting permission, the fundamental rights of other citizens is to be taken care of, failing which, the authorities are liable for actions under the relevant laws.

7. This being the constitutional requirement of the public authorities, any person making complaints about the nuisance in residential area or usage of loudspeakers beyond the decibels, actions are to be initiated as such infringement amounts to invasion of fundamental rights of a citizen.

8. The principles in this regard are elaborately considered by this Court in W.P.No.887 of 2015 and the judgment was delivered on

26.10.2021 and the relevant paragraphs are extracted hereunder:

“30. It is relevant to consider the Noise Pollution (Regulation and Control) Rules, 2000, which was published in the Gazette of India vide S.O. 123(E) dated 14.02.2000 and subsequently amended on 22.11.2000, 11.10.2002, 19.09.2006 and 11.01.2010 under the Environment (Protection) Act, 1986.

31. Under the Noise Pollution (Regulation and Control)

Rules, 2000, the Authorities are bound to initiate action if violations are brought to their notice or complaints are made. Rule 2(c) defines 'Authority' means and includes any authority or officer authorized by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer not below the rank of the Deputy Superintendent of Police designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force”.

32. Rule 5 imposes