IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 11585 of 2007(D) -------------------------------------- PETITIONER(S): ------------------------- K.MURALIDHARAN, HOUSE NO.12, DD VILLAGE, MAY 1ST ROAD, THAMMANAM, KOCHI-682 032. BY ADVS. MR.MATHEW SKARIA MR.JOSE THOMAS (PEEDIKAYIL) RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE COMMISSIONER OF POLICE, KOCHI CITY. 3. THE SUB INSPECTOR OF POLICE, PALARIVATTOM. 4. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION. 5. KERALA STATE POLLUTION CONTROL BOARD, DIVISIONAL OFFICE, ERNAKULAM, REPRESENTED BY ITS DIRECTOR. 6. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 7. DD RETREAT, MAY 1ST ROAD, THAMMANAM, KOCHI-682 032, REPRESENTED BY V.R.DESAI, DD VILLAGE, MAY 1ST ROAD, THAMMANAM, KOCHI-682 032. BY MR.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R7 BY ADV. MR.E.K.NANDAKUMAR FOR R7 MR.A.K.JAYASANKAR NAMBIAR FOR R7 MR.ANIL D. NAIR FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11585/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE AERIAL PHOTO SHOWING ''DD VILLAGE'', ''DD RETREAT'' AND ''KENT PARADISE'' DOWNLOADED FROM INTERNET. P2:- COPY OF THE REPRESENTATION DT. 3.5.03 SUBMITTED BY THE RESIDENTS' ASOCIATION OF ''DD VILLAGE BEFORE THE RESPONDENTS 1 TO 5. P3:- COPY OF THE SCHEDULE ANNEXED TO THE NOISE POLLUTION (REGULATION AND CONTROL) RULES. P4:- COPY OF THE G.O.(P) NO.111/02 DT. 29.7.02. P5:- COPY OF THE REPRESENTATION DT. 12.2.06 SUBMITTED BY THE RESIDENTS ASSOCIATION OF '' DD VILLAGE BEFORE THE IST RESPONDENT. P6:- COPY OF THE REPRESENTATION DT. 15.2.06 SUBMITTED BY THE RESIDENTS' ASSOCIATION OF '' KENT PARADISE BEFORE THE IST RESPONDENT. TRUE COPY P.S. TO JUDGE TSS P.R. RAMACHANDRA MENON, J. ........................................................................ W.P. (C) No. 11585 OF 2007 ......................................................................... Dated this the 25th March, 2009 J U D G M E N T The petitioner is before this Court challenging the callous inaction on the part of the respondents 1 and 2 in taking any effective action against the 7th respondent for mitigating the 'noise pollution' being caused in the latter's premises on letting out the same for conducting various functions using loud speakers. 2. The case of the petitioner is that he is a resident of the Housing Colony by name 'DD VILLAGE' where another housing colony is also situated -'Kent Paradise'. 'DD Retreat' is a Club situated near to the above two housing colonies and the said Club and the premises are being let out by the 7th respondent for conducting Cinema/Serial shooting ,Meetings, Marriages and such other functions-day and night. User of huge generators, sound amplifiers and such other infrastructure in the said premises is stated as causing sound pollution beyond all permissible limits, which made the petitioner to approach the statutory authorities by filing various representations such as W.P. (C) No. 11585 OF 2007 2 Exts.P2, P5 and P6. Referring to Ext.P3 notification issued by the 6th respondent, the learned counsel for the petitioner submits that the authorities designated to exercise the powers under the Noise Pollution (Regulation and Control) Rules,2000- are the District Magistrate, the Commissioner of Police/the Superintendent of Police and the Deputy Superintendent of Police/Sub Divisional Officers for maintenance of ambient air quality standards in respect of the noise pollution within their respective jurisdiction in the State. Learned counsel submits that despite filing various representations, nothing has been turned out in the positive. 3. The 5th respondent, the Kerala State Pollution Control Board has filed a statement dated 03.07.2007 describing the prevailing situation in paragraphNo.3 , which is extracted below: “The Board conducted an enquiry at the site on 08.06.2007. The open lawn where the outdoor functions are reported to be carried out is only at a distance of 2 meter from the residences. The club authorities have also constructed a W.P. (C) No. 11585 OF 2007 3 wall of 20 feet height and 40 meter length to avoid the sound pollution. The operation of diesel generators and sound amplifiers and noisy instruments in the out door area can cause severe sound pollution to the nearby residents. Hence the direction was issued to the club authorities on 21.06.2007 so as to restrict the open air activities during night hours and to provide permanent acoustic enclosure facilities at premises for housing diesel generator sets.” . It is submitted by the learned counsel for the 5th respondent that pursuant to the instructions given by the said respondent, the 7th respondent has taken necessary remedial measures, which is denied by the petitioner referring to the adverse instances occurred, even a few days before. 4. Considering the factual position revealed from the statement of the Pollution Control Board, it cannot but be said that the statutory authorities are very much bound to look into the matter and see that necessary remedial measures are implemented by the 7th respondent, to bring the polluting factors W.P. (C) No. 11585 OF 2007 4 to the permissible limits. 5. In the above circumstances, the first respondent is directed to consider Exts.P2,P5 and P6 representations preferred by the petitioner in the light of the statement filed by the Pollution Control Board, as referred to herein before and to pass appropriate orders to solve the situation, of course, after giving an opportunity for hearing to all concerned. The petitioner is also at liberty to approach the concerned respondents including respondent Nos. 2 to 4 for immediate relief, if any action pursued by the 7th respondent or anybody under them crosses the border and on such an event, it shall be for the said respondent to take appropriate action in this regard. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk