IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 28120 of 2008(V) ----------------------------------------- PETITIONER(S): ------------------------ RADHAKRISHNAN.G., SREENILAYAM, KANDALOOR VADAKKU, VELANCHERA, KAYAMKULAM. BY ADV. SRI.PHILIP M.VARUGHESE SRI.S.SANIL RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE SUPERINTENDENT OF POLICE, ALAPUZHA. 3. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. THE KOLEDATHUKAVU MAHADEVI TEMPLE, KANDALOOR VADAKKU VELANCHERA, KAYAMKULAM REPRESENTED BY THE M.K.VASUDEVAN TRUSTEE THE KOLEDATHUKAVU MAHADEVI TEMPLE, KANDALOOR VADAKKU VELANCHERA, KAYAMKULAM. GOVERNMENT PLEADER SMT. M.R. SREELATHA FOR R1 & R2 ADV. SRI. M.K.CHANDRAMOHAN DAS, SC, PCB FOR R3 SRI.V.V.NANDAGOPAL NAMBIAR FOR R4 SMT.PREEJA. P.VIJAYAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28120/2008 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DTD. 17/07/08. EXT.P2: COPY OF THE COMPLAINT DTD. 17/07/08. EXT.P3: COPY OF COMPLAINT DTD. 28/07/2008. EXT.P4(A): PHOTOGRAPH LOUD SPEAKERS. EXT.P4(B): PHOTOGRAPH LOUD SPEAKERS. EXT.P4(C): PHOTOGRAPH LOUD SPEAKERS RESPONDENT'S EXHIBITS & ANNEXURE: EXT.R4(A): COPY OF THE LETTERS GIVEN BY SMT.P.VIMALADEVI. EXT.R4(B): COPY OF THE LETTERS GIVEN BY SRI.P.MOHANAN PILLAI. EXT.R4(C): COPY OF THE REPORT PUBLISHED IN NEW INDIAN EXPRESS DAILY DTD. 22/12/07. ANNEXURE R3(A): COPY OF THE MONITORING REPORT DTD. 28/09/2008 FILED BEFORE THE HON'BLE HUMAN RIGHTS COMMISSION. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.28120 of 2008 ------------------------- Dated this the 7th day of November, 2008. JUDGMENT The petitioner is aggrieved by what he terms as 'noise pollution' caused by the user of horn type loudspeakers in the 4th respondent temple. 2. Pursuant to a direction issued by the Human Rights Commission, the Pollution Control Board conducted a site inspection and monitored the sound level at a distance of 5 m from the boundary of the temple and measured the base sound level at 48 decibels and a sound level during operation of the speakers at 74 decibels. 3. Learned counsel for the 4th respondent submits that the horn type loudspeakers, which the petitioner has been complaining of, has since been removed. The temple will now use only box type loudspeakers. It is also stated that box type loudspeakers will be used for half an hour to 45 minutes in the morning and in the evening for 45 minutes to 1 hour and the same will be transmitting devotional songs and necessary announcements. This undertaking and the statement is recorded. The 4th W.P.(C).NO.28120/08 :: 2 :: respondent shall operate the box type loudspeakers only in the manner aforementioned. 4. It is open to the petitioner to move the Pollution Control Board, if there is user of speakers otherwise than in the aforementioned manner and if such an application is filed, the competent authority of the Pollution Control Board shall inspect the premises and take appropriate action to prevent noise pollution. 5. Learned counsel for the 4th respondent submits that, apart from the user of speakers daily, it may be necessary to use the same during festival season and for that purpose, they would apply and obtain permission from the Superintendent of Police, who is the competent authority. The submission is recorded. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge