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2025 Supreme(Online)(Mad) 56081
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.PUGALENDHI, J
Puhazh Gandhi – Appellant
Versus
The District Collector – Respondent
W.P.Crl.(MD)No.1146 of 2025
For the Petitioner: Mr.Puhazh Gandhi
For the Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
The right to a peaceful environment is protected under Article 21 of the Constitution, requiring authorities to address noise pollution effectively.
Headnote:Writ petition filed under Article 226 of the Constitution sought to issue a Writ of Mandamus for the removal of loudspeakers causing noise pollution from an unauthorized prayer house. The petitioner argued that the loudspeakers disturbed the peace and rest of the locality, and requested action based on a representation submitted. The Court recognized the right to peace under Article 21 and directed the police to take necessary actions to inhibit the disturbances.
Result: Writ petition disposed of with direction for action against noise pollution.
| Table of Content |
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| 1. petition seeks removal of loudspeakers causing disturbance. (Para 1 , 2) |
| 2. article 21 guarantees the right to sleep; police must act. (Para 3 , 4) |
ORDER
The petitioner has filed this writ petition seeking a direction to the respondents to remove the loudspeakers from the prayer house in Arulmighu Durga Parameswari Devi Tirukovil, Gurukkal Vilai, Durga Nagar, Muthalakurichi, Thuckalay, by considering his representation dated
18.08.2025.
2. According to the petitioner, there is an unauthorized private prayer house in Arulmighu Durga Parameswari Devi Tirukovil, Gurukkal Vilai, Durga Nagar, Muthalakurichi, Thuckalay, wherein, the people managing the temple have installed loudspeakers and used to play the same from 5.00 a.m. at very high volume and every hour, they play loud alarm- like prayers for about five minutes and this continues until 10.00 p.m. every day. The use of loudspeakers causes serious nuisance, disturbance and even health problems to the people in the area. In this regard, he has also submitted a representation dated 18.08.2025 to the respondents. However, there was no action. Therefore, the present writ petition has been filed.
3. Freedom of right to sleep is guaranteed under Article 21 of the Constitution of India .
4. The respondent Police is directed to ascertain the same and take appropriate action, if any loudspeaker is installed. It is the duty and responsibility of the respondent Police to remove the loudspeakers causing nuisance.
