IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 37152 of 2004(W) -------------------------- PETITIONERS: --------------- 1. R.SOMARAJAN, "SOVAS", POONCODU DESOM, BHAGAVATHY NADA P.O., THIRUVANANTHAPURAM. 2. K.REMESHAN, MARUTHARAVILAKATHUPUTHEN- VEEDU, POONCODU, BHAGAVATHY NADA P.O., THIRUVANANTHAPURAM. 3. KERALA STATE VYAPARA VYAVASAYA SAMITHI, REG.NO.72/89 TCR, VEDIVECHANCOIL UNIT, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, P.GOPINATHAN. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, THIRUVANANTHAPURAM. 5. SREE BHOOTHAMMANKOVIL TEMPLE, VEDIVACHANCOIL, NEYYATTINKARA, REPRESENTED BY ITS PRESIDENT, KERALA VELLALA MAHA SABHA BRANCH, VENGANOOR STREET, PALLICHAL P.O., THIRUVANANTHAPURAM. 6. THE PALLICHAL GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PALLICHAL, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA R4 BY ADV.M.K. CHANDRAMOHANDAS R5 BY ADV. MR. T.KRISHNANUNI ADV. MR. SAJU.S.A THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37152 of 2004(W) APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- P1:- PHOTOGRAPHS SHOWING THE 5TH RESPONDENTS TEMPLE. P2:- PHOTOSTAT COPY OF THE SAID COMPLAINT DT.18.6.97 FILED BY THE 1ST PETITIONER FEFORE THE 5TH RESPONDENT. P3:- PHOTOSTAT COPY OF THE MASS PETITION DT.15.10.04 SUBMITTED BY THE PEOPLE IN THE AREA TO THE 3RD RESPONDENT. P4:- PHOTOSTATE COPY OF THE REPRESENTATION DT.9.11.2004 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 5TH RESPONDENT. P5:- PHOTOSTAT COPY OF THE REPRESENTATION DT.15.10.04 SUBMITTED BEFORE THE 1ST RESPONDENT. P6:- PHOTOSTAT COPY OF THE RPRESENTATION FILED BEFORE THE 2ND RESPONDENT. P7:- PHOTOSTAT COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPPONDENT. P8:- PHOTOSTAT COPY OF THE REPRESENTATION FILED BEFORE THE 4TH RESPONDENT. P9:- PHOTOSTAT COPY OF THE REPRESENTATION FILED BEFORE THE 6TH RESPONDENT. P10:- PHOTOSTAT COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER AND ANOTHER BEFORE THE MINISTER FOR REVENUE. P11:- PHOTOSTAT COPY OF THE RPLY DT.29.11.04 ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER. P12:- PHOTOSTAT COPY OF THE POSTAL RECEIPT EVIDENCING THE SUBMISSION OF EXTS. P5,P6,P8,AND P9 BEFORE THE RESPONDENTS 1,2,3,4 AND 6 P13:- PHOTOSTAT COPY OF THE RECEIPTS ISSUED FROM THE 5TH RESPONDENT TEMPLE EVIDENCING THE PERFORMANCE OF THE SOME OF THE ABOVE- MENTIONED POOJAS. P14:- PHOTOSTAT COPY OF THE REGISTERED NOTICE NO.PCB/PVM- DO/ LEGAL /2405/ 2005 DT.17.2.005 ISSUED BY THE ENVIORNMENTAL ENGINEER TO THE 3RD PETITIONER. RESPPONDENT'S EXHIBITS --------------------------------------- R7(a):- REPORT ILED BY THE ENVIORNMENTAL ENGINEER,TVM. //TRUE COPY// PA TO JUDGE. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.37152 Of 2004 ----------------------------------------------------- DATED THIS THE 27th DAY OF JANUARY, 2011 J U D G M E N T The petitioners have approached this Court aggrieved by the noise pollution due to the conduct of 'vedi vazhipadu' in the Sree Bhoothammankovil Temple. 2. Pursuant to various directions issued by this Court, the Pollution Control Board inspected the place and a report has been filed before this Court as Exhibit R7(a). It appears that the temple committee has effected various noise control measures. In the report, it is mentioned that the noise level observed near the temple facing National Highway is only about 8dB(A), more than the prevailing background noise. The additional control measures have reduced the noise level. The suggestion made in the report is that duration of conduct of 'vedi vazhipadu' may be limited to 6 a.m. and 10 p.m. 3. The learned counsel appearing for the temple committee submitted that the temple will be closed by 8 p.m. in the night. Therefore, the duration of 'vedi vazhipadu' will be from 6 a.m. to 8 p.m. Accordingly, the Writ Petition is disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn