IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 7237 of 2005(S) ------------------------- PETITIONER(S): ----------------------- K.A.MOIDU, AISWARYA MANZIL, M.M.ROD, NEAR H.P.C., KOCHI-18. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, CAMP HOUSE, COLLECTORATE, ERNAKULAM. 2. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, SHANMUGHAM ROAD, ERNAKULAM. 3. VANCHANALAYAM, DOOR 42/496, NEAR H.P.C., M.M. ROAD, KOCHI-682 018, REPRESENTED BY ITS CO-ORDINATOR, JOSEPH CLEETUS CONOLLY. ADV. SRI.N.SUGATHAN FOR R3 SMT.R.SEEMA FOR R3 SMT.VARSHA BHASKAR FOR R3 SR. GOVERNMENT PLEADER SRI.BENNY GERVASIS FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.7237/05 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE COMPLAINTS TO THE 1ST RESPONDENT SIGNED BY THE PETITIONER AND SOME OTHER PERSONS, DATED 19.4.2004. EXT.P2: TRUE PHOTOCOPY OF THE COMPLAINT DATED 25.2.2005 ADDRESSED TO 1ST AND 2ND RESPONDENT, SIGNED BY THE PETITIONER AND OTHERS. EXTS.OF R1 ANNEXURE 1: COPY OF THE REPORT OF ENQUIRY ALONG WITH THE INSPECTION REPORT MADE BY THE POLLUTION CONTROL BOARD DATED 9.9.2005. EXTS. OF R3 EXT.R3(a): TRUE COPY OF CERTIFICATE DATED 30.8.2006 ISSUED BY SRI.P.B.SAJEV AMBULATHINGAL, KOCHI.12. EXT.R3(b): TRUE COPY OF CERTIFICATE DATED 1.9.2006 ISSUED BY ENVIRODESIGNS AND EQUIPMENTS, KOCHI-18. EXT.R3(c): TRUE COPY OF LETTER DATED 24.1.90 ISSUED BY THE CORPORATION OF COCHIN. //TRUE COPY// P.A. TO JUDGE Rp J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.P.(C) NO. 7237 OF 2005 =================== Dated this the 1st day of June, 2011 J U D G M E N T Antony Dominic, J. This writ petition was filed with the following prayers:- (i) issue a writ of mandamus or other appropriate writ order or direction directing the 1st respondent to close down the religious place established by the 3rd respondent at Tata Employees Association Hall forthwith. (ii) to issue a writ of mandamus or other appropriate writ order or direction, directing the 1st and 2nd respondent to take immediate action against the 3rd respondent and other violators for making noise pollution. 2. After the parties entered appearance and filed their pleadings, this Court passed order dated 2nd of March, 2007 directing that the Chief Environmental Engineer of the Pollution Control Board shall conduct an inspection and verify whether the noise level at the religious place in question is within the permissible limit. Accordingly, the Chief Environmental Engineer conducted an inspection and submitted report before this Court. Considering the said report, this Court passed order dated WP(C) No.7237/05 : 2 : 10/3/2010, which reads as under:- Pursuant to filing of the writ petition, Chief Environmental Engineer after due inspection of the premises has filed letter dated 9.1.2008, pursuant to interim order dated 2/3/2007 which shows that sound level recorded at the time of his inspection is not exceeding 5dB(A) than the ambient noise standards specified for the area, the present system of amplifier installed in the church stall be permitted to be used during day hours 6 a.m to 6 p.m. The Chief Environmental Engineer will continue to ensure that sound level recorded is within the permissible limit and that the same is only used during day hours 6 a.m to 6 p.m. In case of violation, the Chief Environmental Engineer will take necessary action in accordance with provisions of the Act. 3. The said order therefore shows that the Chief Environmental Engineer is to ensure that the sound level is within the permissible limit and that the amplifiers are used only during day hours viz., 6 a.m to 6 p.m. The order also includes a direction that in case of violation, the Chief Environmental Engineer will take necessary action in accordance with law. WP(C) No.7237/05 : 3 : 4. With the aforesaid order, virtually the grievance of the writ petitioner stands redressed. In view of the above, making the aforesaid order absolute, we close the writ petition. J.CHELAMESWAR CHIEF JUSTICE. ANTONY DOMINIC JUDGE. Rp