1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.11824 of 2011 S.Martin Paulraj ... Petitioner Vs. 1.The District Collector, Trichy District, Trichy. 2.The Engineer, Tamil Nadu Pollution Control Board, Chennai. 3.The Engineer, Tamil Nadu Pollution Control Board, Thuvakudi, Trichy District. 4.St.Sebastin Church, rep.by its Rev.Fr.James, Matha Kovil Street, Perumalpalayam Post, Thuraiyur Taluk, Trichy District. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation, dated 19.09.2011 and take action against the 4th respondent to stop the electronic alarm, which is operated with high decibel sound against the Tamil Nadu Pollution Control Board Rules and Regulations with regard to sound and installation of loud speakers. For Petitioner : Mr.U.Bishmillahkhan For Respondents - 1 : Mr.S.Venkatesh, Government Pleader. For RR2 & R3 : Mr.C.Elaman, Standing Counsel O R D E R [Order of the Court was made BY K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction to the respondents 1 to 3 to consider the petitioner's representation, dated 19.09.2011 and take action against the 4th respondent to stop the electronic alarm, which is operated with high decibel sound against the Tamil Nadu Pollution Control Board Rules and Regulations with regard to sound and installation of loud speakers. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Mr.S.Venkatesh, learned Government Pleader, takes notice for respondent No.1. Mr.C.Elaman, learned Standing Counsel for Tamil Nadu Pollution Control Board, takes notice on behalf of respondents 2 and 3. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for final hearing at the time of admission itself. We are of the view that notice need not be issued to the 4th respondent, since the interest of the 4th respondent would also be protected by this order. 3.Considering the limited prayer sought for, this Court, without going into the merits of the writ petition and the contents of the representation of the petitioner dated 19.09.2011, is constrained to direct the 3rd respondent to consider the representation of the petitioner dated 19.09.2011 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and also to the 4th respondent. It is made clear that this Court has not expressed any opinion on the merits of the matter and it is for the 3rd respondent to consider the same and pass orders on its own merits and in accordance with law, as directed above. 4.With the above direction, the writ petition stands disposed of. No costs. Sd/- 19.10.2011 This matter having been listed on Wednesday the Second day of November 2011 under the caption “Being Mentioned”. Pursuant to the order order of this Court dated 19.10.2011 and made herein in presence of the aforesaid counsels on the either side, the Court made the following order:- This matter is posted today "for being mentioned" at the instance of the learned counsel appearing for the petitioner. 2. It is submitted by the learned counsel appearing for the petitioner that this Court passed an order dated 19.10.2011 in W.P.(MD) No.11824 of 2011 directing the third respondent to consider the representation and pass orders on merits and in accordance with law, without stipulating any time frame. 3. Heard the learned Government Advocate on the submission made by the learned counsel appearing for the petitioner and perused the order dated 19.10.2011. 4. Considering the submission of both sides, this Court is inclined to make it clear that the third respondent shall complete the exercise of considering the representation of the petitioner by affording opportunity to the petitioner as well as to the other relevant parties and pass orders on merits and in accordance with law within the stipulated period of two weeks from the date of receipt of order copy of this Court. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The District Collector, Trichy District, Trichy. 2.The Engineer, Tamil Nadu Pollution Control Board, Chennai. 3.The Engineer, Tamil Nadu Pollution Control Board, Thuvakudi, Trichy District. + 1 cc to The Special Government Pleader, SR No.36196 + 1 cc to M/s.N.Rahamadullah, Advocate, SR No.38031 ORDER IN WP(MD)No.11824/2011 Dated:19.10.2011 and 02.11.2011 gb RJ/12.11.11 3p/6c https://hcservices.ecourts.gov.in/hcservices/