Advocates:
['m/s r marudhachalamurthy', '', 'M THANU & A YOGARAJ', 'K M D MUHILAN G A', '', 'R- THE COMMISSIONER Pallipalayam Municipality', 'Pallipalayam', 'R- ASHRAQMIA', 'M/S SHANMUGAVELLISEKAR']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021

CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

W.P.No.32832 of 2016

M.Duraisamy

... Petitioner

Vs.

1.The District Collector,

Namakkal District,

Namakkal.

2.The Revenue Divisional Officer,

Tiruchengode Taluk,

Namakkal District.

3.The Commissioner,

Pallipalayam Municipality,

Pallipalayam.

4.Ashraqmia

Majith Gurukkal

Komarapalayam Road,

Agraharam Post,

Pallipalayam, Trichengode Taluk,

Namakkal District.

5.The Chairman/Member Secretary,

Tamil Nadu Pollution Control Board,

Anna Salai, Guindy,

Chennai – 32.

... Respondents

[R5 suo motu impleaded vide order dated 26.10.2021

made in W.P.No.32832 of 2016]

Prayer : Writ Petition filed under Article 226 of the

Constitution of India for issuance of a Writ of Mandamus

directing the respondents 1 to 3 herein to take appropriate

action against the 4th respondent and thereby prevent the 4th

respondent from using high Volume speaker 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.

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For Petitioner

: Mr.R.Marudhachalamurthy

For R1 to R3

: Mr.C.Kathiravan

Government Advocate

For R4

: No appearance

For R5

: Mrs.Shanmugavalli Sekar

for Tamil Nadu Pollution

Control Board

ORDER

(Through Video Conferencing)

The writ petition on hand has been instituted to direct

the respondents 1 to 3 to take appropriate action against the 4^th

respondent and thereby, prevent the 4^th 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 4^th 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 4^th

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 1^st

respondent/District Collector directed the Superintendent of

Police, Namakkal, to take appropriate action. Despite the

instructions provided, the 4^th 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.

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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 ri