IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 37313 of 2007(S) -------------------------- PETITIONER: -------------------- FORUM FOR PREVENTION OF ENVIRONMENTAL - AND SOUND POLLUTION, REGD.NO.A-571/2001, KALARCODE, ALAPPUZHA-3, REPRESENTED BY ITS SECRETARY SRI. K.RAJAKUMARAN. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ---------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DYSP, ALAPPUZHA. 2. ALI MUHAMMED JUMA ATH, REPRESENTED BY ITS SECRETARY, CIVIL STATION WARD, ALAPPUZHA. BY GOVERNMENT PLEADER SRI. M.P. SREEKRISHNAN. BY ADV. SRI.A.MOHAMMED. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 37313/2007. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE PHOTOSTAT COPY OF THE JUDGMENT IN W.P.(C) NO.32997/2007-S OF THE HIGH COURT OF KERALA, DATED 23.11.2007. EXT. P2 : TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THIS PETITIONER BEFORE THE 1ST RESPONDENT, DATED 03.12.2007. EXT. P3 : TRUE PHOTOSTAT COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA, DATED 25.2.2008. EXT. P(a) : TRUE ENGLISH TRANSLATION OF EXT.P3. H.L. DATTU, CJ. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37313 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008. JUDGMENT H.L.DATTU, CJ, Petitioner is an organization registered under the provisions of Travancore-Cochin Literary and Scientific and Charitable Societies Registration Act, 1955. 2. The second respondent is an organization managing the affairs of Ali Muhammed Juma Ath, which is a religious institution. It appears that the said religious institution has installed two cone type of speakers on the top of the Mosque in a poll for the purpose of broadcasting on 7.9.2007. 3. Petitioner alleges that inspite of repeated requests to the first respondent, they are not taken any steps to control the noise pollution. Therefore, he is before this court for a direction to the first respondent to take appropriate action under Rule 8 of the Noise Pollution (Regulation and Control) Rules, 2000 so as to effectively curtail the noise pollution generated by the second respondent. 4. During the pendency of this writ petition, the District Collector, Alappuzha has passed an order dated 25.2.2008, wherein he has directed the Deputy Superintendent of Police to implement his order in case the President of the Ali Muhammed Juma-ath Mosque fails to use loudspeakers within the permissible limits as per the 2000 Rules. 5. In view of this development, in our opinion, for the present, we need not have to issue any direction to the first respondent. Accordingly, placing WPC. 37313/2007. 2 on record the order passed by the District Collector dated 25.2.2008, this writ petition is disposed of. Consequently, I.A.914 of 2008 is also closed. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb.