IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 26947 of 2006(G) -------------------------------------- PETITIONERS: -------------------- 1. GANGADHARAN BHATTATHIRIPPAD, S/O. BHAVADASAN BHATTATHIRIPPAD, PORAKKUDINJATH MANAKKAL, KOLANGATTUKARA, P.O.CHOOLISSERY, THRISSUR. 2. VASUDEVAN BHATTATHIRIPPAD, S/O. BHAVADASAN BHATTATHIRIPPAD, PORAKKUDINJATH MANAKKAL, KOLANGATTUKARA, P.O.CHOOLISSERY, THRISSUR. 3. PARAMESWARAN, S/O. JANAKI AMMA, POORATHUR HOUSE, KOLANGATTUKARA, P.O.CHOOLISSERY, THRISSUR. BY ADV. SRI.N.P.SAMUEL RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR. 3. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ENVIRONMENTAL ENGINEERING, DISTRICT OFFICE, "LAKSHMI", SAKTHI NAGAR, POONKUNNAM, THRISSUR-680 002. 4. SREE LAKSHMY VARAHAMOORTHY TEMPLE, KOLANGATTUKARA, REPRESENTED BY THE COMMITTEE PRESIDENT, BALAKRISHNAN, AMBAT HOUSE, P.O.CHOOLISSERY, THRISSUR. W.P.(C) NO.26947/2006 5. SREE LAKSHMY VARAHAMOORTHY TEMPLE, REPRESENTED BY THE SECRETARY, P.R.RAJAN, S/O. RAGHAVAN, PAYYAPPAT HOUSE, P.O.CHOOLISSERY, THRISSUR. ADV. SRI.P.VIJAYA BHANU FOR R4 & 5 SRI.P.SANTHOSH (PODUVAL) FOR R4 & 5 SRI.BABU JOSEPH KURUVATHAZHA BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26947/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- PHOTOGHRAPH OF THE POST. EXT.P2:- COPY OF THE COMPLAINT FILED BY PETITIONERS BEFORE R2 ON 6.4.2006. EXT.P3:- COPY OF THE COMPLAINT FILED BY PETITIONERS 1 7 2 BEFORE THE DY. SUPDT. OF POLICE, KUNNAMKULAM ON 9.4.06. EXT.P4:- COPY OF THE COMPLAINT FILED BY PETITIONERS BEFORE R2 ON 14.6.2006. EXT.P5:- COPY OF THE PETITION FILED BY PETITIONERS BEFORE R1 ON 14.6.2006. EXT.P6:- COPY OF THE NOTICE NO.PCB/TSR/COM/TSR/2001 DT. 20.7.06 ISSUED BY R3. RESPONDENT'S EXHIBITS EXT.R3(a):- COPY OF THE SHOW CAUSE NOTICE DT. 25.10.2006 ISSUED BY THE 3RD RESPONDENT TO THE TEMPLE AUTHORITIES. EXT.R3(b):- COPY OF THE LETTER DT. 25.10.06 SENT BY THE 3RD RESPONDENT TO THE IST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.26947 of 2006 ----------------------------------------- Dated this the 8th day of August, 2008 JUDGMENT The writ petition is filed with the following prayers:- (i) to issue a writ of mandamus or other appropriate writ, direction or order directing the 3rd respondent to initiate proceedings under Section 22A of the Air (Prevention and Control of Pollution) Act, 1981 against respondents 4 and 5 and others responsible for the non-compliance of the direction given in Ext.P6 notice and do the needful to abate the nuisance. (ii) to issue a writ of mandamus or other appropriate writ, direction or order directing respondents 1 and 2 to initiate proceedings against respondents 4 and 5 under Section 18(1) (h) and Section 50 of the Kerala Police Act; (iii) to issue a direction to respondents 4 and 5 not to conduct fire works in the temple without getting permission from the 1st and 2nd respondents. There will be a direction to respondents 1 to 3 to take appropriate action in case respondents 4 and 5 violate the statutory provisions with regard to the sound, use of fire works etc. In the event of any such complaint being received from the petitioners or from any other members of the public appropriate prompt action in that regard shall be taken in accordance with law by respondents 1 to 3. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.26947 of 2006 ----------------------------------- JUDGMENT 8th August, 2008