2022 Supreme(Online)(Mad) 68237
MADRAS HIGH COURT
A.Asarutheen – Appellant
Versus
The District Collector – Respondent
WP 8654/2018
['M/S M PURUSHOTHAMAN', '', 'N ANDAL SRISHANKARI', 'AGP']
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.02.2022
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.NO.8654 OF 2018
A.Asarutheen
... Petitioner
Vs.
1. The District Collector,
District Collectorate Campus,
Coimbatore.
2. The Commissioner of Police,
Coimbatore.
3. Jama Athul Muthakin Shabihiyya
Sunnath Val Jamath Masjith Mosque,
rep.by its Muthavali,
Fathima Nagar, Karumbukkadai,
Coimbatore – 641 008.
... Respondents
PRAYER :
Petition filed Under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus, directing the
respondents 1 and 2 to take appropriate action against the 3rd
respondent “Jama Athul Muthakin Shabihiyya Sunnath Val Jamath
Masjith” Mosque situated at Fathima Nagar, Karumbukkadai who is
creating noise pollution by using prohibited cone type
loudspeaker without getting any permission or licence.
For Petitioner
: Mr.M.Purushothaman
For Respondents
: Mr.M.S.Premkumar
Government Advocate
for R1 & R2
No appearance for R3
O R D E R
This Writ Petition has been filed to issue a Writ of
Mandamus, directing the respondents 1 and 2 to take appropriate
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action against the 3rd respondent “Jama Athul Muthakin Shabihiyya
Sunnath Val Jamath Masjith” Mosque situated at Fathima Nagar,
Karumbukkadai, who is creating noise pollution by using
prohibited cone type loudspeaker without getting any permission
or licence.
2. When this matter is taken up for hearing today,
Mr.M.S.Premkumar, learned Government Advocate appearing for
respondents 1 and 2 produced a copy of the letter issued by the
Inspector of Police, D-3 Bothanur, Coimbatore, informing that
the cone type loudspeaker has been removed and now small type
loudspeakers were only permitted.
3. Therefore, the learned Government Advocate submitted that
by recording his statement, this writ petition may be closed.
However, the learned counsel appearing for the petitioner also
stated that this writ petition may be closed with liberty to
approach this Court, in the event any cone type loudspeakers are
using.
4. In view of the submission made by the learned counsel for
the petitioner as well as the respondents, this Writ Petition is
disposed of with liberty to the petitioner to make a
representation to the concerned authorities for appropriate
relief, in the event any cone type loudspeaker is used in future.
5. Accordingly, this Writ Petition stands disposed of. No
costs.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
Pns
To
1. The District Collector,
District Collectorate Campus,
Coimbatore.
2. The Commissioner of Police,
Coimbatore.
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3. Muthavali,
Jama Athul Muthakin Shabihiyya
Sunnath Val Jamath Masjith Mosque,
Fathima Nagar, Karumbukkadai,
Coimbatore – 641 008.
+1cc to Mr.M.Purushothaman, Advocate, S.R.No.6123
+1cc to the Government Pleader, S.R.No.6888
W.P.No.8654 of 2018
MT(CO)
PM/09/03/2022
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