IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 36836 of 2009(Y) -------------------------- PETITIONER: --------------- CHANDRAN, S/O.AYYAPPAN, AGED 63 YEARS, MADENTEPADINJATTETHIL VEEDU, KUNNATHOOR WEST, MANAMPUZHA P.O., KOLLAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. MADANNADA MAHADEVAR TEMPLE, REPRESENTED BY ITS SECRETARY ANILKUMAR @ KINNECHAN AJITHA BHAVAN (CHARUVILA VADAKKETHIL), SIVAGIRI COLONY, KUNNATHOOR WEST, MADAMPUZHA P.O., KOLLAM DISTRICT. GOVERNMENT PLEADER SHRI.K.RAMESH ADV. SRI.R.SURAJ KUMAR FOR R3 SRI.N.AJITH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36836 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Tax receipt dtd. 14/12/2009 issued from Village Office, Kunnathoor. EXHIBIT P2 : Representation dtd.5/12/2009 filed by the petitioner before the first respondent. EXHIBIT P3 : Representation dtd.5/12/2009 filed by the petitioner before the second respondent. EXHIBIT P4 : Regulations dtd.28/11/2002 issued by the police head quarters. RESPONDENTS' EXHIBITS: Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.36836 of 2009 ------------------------------------------------ Dated this the 8th day of March, 2010 JUDGMENT The petitioner is residing near the Madannada Mahadevar Temple in Sivagiri Colony, Kunnathoor West. The grievance raised in the writ petition is that in the light of the sounds when playing music from the temple, much noise pollution is caused. The loudspeakers are in operation between 5.30 a.m. and 10 p.m. The allegation is that the loudspeakers are in full swing between 5.30 a.m. and 10 p.m. Seeking for appropriate action in the matter under the Noise Pollution (Regulation and Control) Rules 2000 petitioner filed complaint before the first respondent as per Ext.P2. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for the third respondent. The learned counsel for the third respondent submitted that the allegations are not correct and only box type unit is used and the music system is not being played between 5.30 a.m. and 10 p.m. It is only for limited hours alone. It is up to the first respondent to W.P.(C)No.36836 of 2009 2 take a decision on Ext.P2 after hearing the petitioner and the third respondent within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj