IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 26133 of 2008(J) -------------------------------------- PETITIONER: ------------------- ELAYASHERRIL KUDUMBA YOGAM, NOORNAD, REPRESENTED BY ITS PRESIDENT G.JAYADEVAN, ERAMAKUZHI MURI, NOORNAD VILLAGE. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL. RESPONDENTS: ------------------------ 1. THE KERALA STATE POLLUTION CONTROL BOARD, ALAPPUZHA DISTRICT, REP. BY ITS ENVIRONMENT ENGINEER, NEAR COLLECTORATE, ALAPPUZHA.P.O. 2. ENVIRONMENT ENGINEER, DISTRICT POLLUTION CONTROL BOARD, NEAR COLLECTORATE, ALAPPUZHA.P.O. ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26133/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 05/06/08 IN W.P.(C).NO.15862/08 OF THIS HONOURABLE COURT. EXT.P.2: COPY OF THE APPLICATION DTD. 22/08/08 SUBMITTED BY THE P.2. BEFORE THE R.2. RESPONDENTS' EXHIBITS: EXT.R1.1: COPY OF THE REPORT TO THE DEPUTY SUPERINTENDENT OF POLICE DTD. 02/06/08. EXT.R1.2: COPY OF THE REQUEST DTD. 22/08/2008. EXT.R1.3: COPY OF THE REPLY LETTER DTD. 26/08/2008. EXT.R1.4: COPY OF THE ORDER DTD. 05/06/2008 IN WRIT PETITION (C).NO.15862/2008. //TRUE COPY// P.S. TO JUDGE. prv. V. GIRI, J. ------------------------------- WP(C).NO. 26133 of 2008 --------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT The petitioner purchased a sound system for being used in one of the temples owned by the petitioner's family. Deeparadhana is performed in the said temple every morning and evening and it seems that traditional prayers are transmitted through the sound system. Earlier the Dy.S.P., Chengannur had seized the sound system on the ground that it results nuisance and pollution. By Ext.P1 judgment this court permitted the petitioner to make use of a fresh sound system on condition that he satisfies the Dy.S.P. that it is within the prescribed decibel level. It seems that the petitioner then purchased a new sound system and requested the Pollution Control Board to ascertain its decibel level so that it can then be produced before the Deputy Superintendent of Police to enable the said authority to satisfy himself of the same as contemplated in Ext.P1 judgment. Ext.P2 application was met with a reply Ext.R1(3) wherein the Pollution Control Board took the stand that they will check the decibel level WPC. 26133/2008 2 provided the request in this regard is made by the Dy.S.P. I do not think the stand taken by the Environmental Engineer is correct. Obviously, the Dy.S.P. is not technically competent to check the decibel level. This can be done only by Pollution Control Board. There does not seem to be a request in this regard from the Dy.S.P. 2. In the result, the writ petition is disposed of directing the second respondent to inspect the sound system proposed to be deployed by the petitioner in the Kunjanavilayil Devi Kshetram belonging to the Elayasherril Kudumbayogam within a period of two weeks from the date of receipt of a copy of this judgment. A certificate showing the decibel level attained on operation of the sound system shall be issued within one week from the date of inspection. Thereafter the petitioner is at liberty to produce the same before the Deputy Superintend of Police for further action as contemplated in Ext.P1 judgment. V. GIRI, JUDGE. pmn/ WPC. 26133/2008 3