IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 15862 of 2008(L) -------------------------- PETITIONER: ------------ 1. ELAYASHERRIL KUDUMBA YOGAM, NOORNAD, REPRESENTED BY ITS PRESIDENT G.JAYADEVAN, ERAMAKUZHI MURI, NOORNAD VILLAGE. 2. G. JAYADEVAN, PRESIDENT, ELAYASHERRIL KUDUMBA YOGAM, ERAMAKUZHI MURI, NOORNAD VILLAGE. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNOOR. 3. S.I. OF POLICE, NOORNAD-690504. 4. DISTRICT POLLUTION CONTROL BOARD, ALAPPUZHA DISTRICT. 5. K. RAJAKUMARAN, KUNJANAVILAYIL, NOORNAD, MUTHUKATTUKARA WARD, PALAMEL PANCHAYATH-690 504. R1 TO 4 BY GOVT. PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 15862 of 2008 L - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2008 JUDGMENT The petitioner is the President of a temple committee. In the temple loud speakers are used. Proceedings have been initiated against the petitioner under the Noise Pollution (Regulation and Control) Rules, 2000. A crime has now been registered. The loud speaker system has already been seized. The same has been produced before the Magistrate. Investigation is in progress. The petitioner made a request under Rule 8(2) of the said Rules requesting the second respondent, Dy.S.P., to permit him to use the loud speaker system perfectly in accordance with law within the prescribed decibel levels. The petitioner has come to this Court with a grievance that such request is not considered or decided by the second respondent. 2. The learned Prosecutor reports that the loud speaker system has already been produced before the learned Magistrate W.P.C.No. 15862 of 2008 2 and no permission can now be given to use that loud speaker system. The petitioner will have to apply for return of the same from the court. 3. The learned counsel for the petitioner then submits that the temple shall purchase another sound system, but it may be clarified that the petitioner shall be entitled to use the same, provided he does not offend the stipulations regarding the maximum decibel level. The learned Prosecutor submits that if the petitioner uses such new sound system in accordance with law, the State and its officials shall have no objection whatsoever. The learned counsel for the petitioner submits that he shall, after obtaining the sound system, satisfy the second respondent that such sound system can be used in accordance with the Rules within the prescribed decibel level. 4. I make record of the submissions of the learned counsel for the petitioner and the learned Prosecutor on behalf of the State. 5. This writ petition is allowed in part, permitting the petitioner to make use of a fresh sound system as offered by him on condition that he satisfies the second respondent that he shall not go beyond the W.P.C.No. 15862 of 2008 3 prescribed decibel level. Needless to say, such sound system can be made use of by the petitioner only in accordance with law. (R. BASANT) Judge tm