IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 10897 of 2008(S) ----------------------------------------- PETITIONER(S): ------------------------ PUBLIC INTEREST FORUM, REGN. NO.564/2000, REPRESENTED BY ITS SECRETARY, SRI.V.K.VENKITACHALAM, TC.35/571, KUNNATHU LANE, THRISSUR. BY ADVS. MR.P.B.SAHASRANAMAN, MR.K.JAGADEESH, MR.T.S.HARIKUMAR. RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, C2, KENDRIYA BHAVANAM,KOCHI-682 037. 3. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, POONKUNNAM P.O., THRISSUR-680 002. *ADDL.R4 IS IMPLEADED: R4. PANTHALLUR TEMPLE POORM (FIREWORKS) COMMITTEE, H.M.C., CHOWANNUR, THRISSUR DISTRICT, PIN – 680 589 REPRESENTED BY ITS SECRETARY. (*ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 4/06/2008 IN I.A.NO.6912/2008) Kss ..2/- ...2..... WPC.NO.10897/2008 S **ADDL.R5 IS IMPLEADED: R5. SREE RUDHIRAMAHAKALIKKAVU POORAM CENTRAL CO-ORDINATION COMMITTEE, WADAKKANCHERRY, THRISSUR DISTRICT, PIN – 680 589 REPRESENTED BY ITS CHIEF CO-ORDINATOR. (**ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 04/06/2008 IN I.A.NO.6913/2008) ***R6 TO R13 ARE IMPLEADED: R6. THIRUVAMBADY DEVASWOM, THRISSUR, REPRESENTED BY ITS SECRETARY, SRI.C.VIJAYAN. (***ADDL.R6 IS IMPLEADED AS PER ORDER DTD. 16/06/2008 IN I.A.NO.6290/2008) R7. PARAMEKKAVU DEVASWOM, THRISSUR, REPRESENTED BY ITS SECRETARY, SRI. K.NARAYANAN KUTTY. (***ADDL.R7 IS IMPLEADED AS PER ORDER DTD. 16/06/208 IN I.A.NO.6291/2008) R8. CHINAKKATHUR POORAM CO-ORDINATION COMMITTEE, MANGALAM P.O., LAKKIDI, OTTAPALAM, REPRESENTED BY ITS CONVENOR. (***ADDL.R8 IS IMPLEADED AS PER ORDER DTD. 16/06/2008 IN I.A.NO.6580/2008) R9. PRESIDENT, KANNAMBRA DESOM VELA COMMITTEE, SREE KURUMBA BAGAVATHI TEMPLE VELA COMMITTEE, KANNAMBRA, ALATHUR, PALAKKAD DISTRICT. (***ADDL.R9 IS IMPLEADED AS PER ORDER DTD. 16/06/2008 IN I.A.NO.7492/2008) R10. ASSOCIATION OF FESTIVAL DISPLAY FIREWORKS COMMITTEE OF RELIGIOUS INSTITUTIONS IN KERALA, REG.NO.265/2008, PARAMEKKAVU DEVASWOM BUILDING, ROUND EAST, THRISSUR – 680 001, REPRESENTED BY ITS SECRETARY, PROF.M.MADHAVANKUTTY. Kss ...3./- .....3...... WPC.NO.10897/2008 S (***ADDL.R10 IS IMPLEADED AS PER ORDER DTD. 16/06/2008 IN I.A.NO.7550/2008) R11. ERNAKULAM SHIVA KSHETHRA KSHEMA SAMITHI (REG.NO.250/84), DEVASWOM BUILDING, KOCHI – 682 011, REPRESENTED BY ITS SECRETARY, JANARDHANAN. (***ADDL.R11 IS IMPLEADED AS PER ORDER DTD. 16/06/2008 IN I.A.NO.7551/2008) R12. PARAKKOTTUKAVU THALAPOLI CO-ORDINATION COMMITTEE, REPRESENTED BY ITS CHIEF CO-ORDINATOR, SRI.R.KUMARADAS. R13. KAVASSERY POORAM CO-ORDINATION COMMITTEE, KAVASSERY, REPRESENTED BY ITS CONVENOR, K.BALAKRISHNAN, AGED 56 YEARS, S/O.LATE VISWANATHAN NAIR, RESIDING AT CHANDRIKA NIVAS, VADAKKETHARA, KAVASSERY P.O., PALAKKAD DISTRICT. (***ADDL.R12 & R13 ARE IMPLEADED AS PER ORDER DTD.16/07/2008 IN I.A.NO.7508/2008 AND I.A.NO.9184/2008 IN WPC.NO.10897/08 RESPECTIVELY) R1 & R2 BY GOVERNMENT PLEADER SMT. K.MEERA R3 BY ADV. MR. M.K.CHANDRAMOHAN DAS, SC, PCB BY ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL R6,R7&R10 BY ADV.MR.N.K.SUBRAMANIAN R4,R5&R8 BY ADV.MR.V.M.SYAM KUMAR BY ADV.MR.P.C.SASIDHARAN R9 BY ADV.JOHNSON P.JOHN BY ADV.MR.BABY MATHEW R11 BY ADV. SRI.S.ANANTHAKRISHNAN BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, BY ADV.MR.T.RAMPRASAD UNNI, SMT.SMITHA GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10897/Q2008 S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN WP(C) NO.7756/2006 DTD. 26/09/2006. EXT.P2: COPY OF THE LICENCE GRANTED BY THE 2ND RESPONDENT TO SECRETARY, KUTTIYANKAVU POORAM THIRUTHIPARAMBU DESOM, KUNDUPARAMBIL HOUSE, PERINGANDOOR P.O., AMBALIPURAM, THRISSUR – 680 581, DTD. 07/02/2008. EXT.P3: COPY OF THE LICENCE GRANTED BY THE 2ND RESPONDENT TO SECRETARY, KUTTIYANKAVU POORAM THIRUTHIPARAMBU DESOM, MANIKATH HOUSE, MINALOOR P.O., THRISSUR-680 581, DTD. 07/02/2008. EXT.P4: COPY OF THE NO OBJECTION CERTIFICATE GRANTED BY THE 1ST RESPONDENT IN RESPECT OF KUTTIYANKAVU POORAM THIRUTHIPARAMBU DESOM, AMBALIPURAM, THRISSUR, DTD. 31/01/2008. EXT.P5: COPY OF THE NO OBJECTION CERTIFICATE GRANTED BY THE 1ST RESPONDENT IN RESPECT OF KUTTIYANKAVU POORAM THIRUTHIPARAMBU DESOM, MINALOOR, THRISSUR, DTD. 06/02/2008. EXT.P6: COPY OF THE INFORMATION PROVIDED BY THE 3RD RESPONDENT, DTD. 25/02/2008. EXT.P7: COPY OF THE INFORMATION PROVIDED BY THE 3RD RESPONDENT, DTD. 25/02/2008. EXT.P8: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI, DTD. 10/03/2008. EXT.P9: COPY OF THE INFORMATION PROVIDED BY THE 2ND RESPONDENT DTD. 14/03/2008. EXT.P10: COPY OF THE NOTIFICATION G.O.(P) NO.64/02 DTD. 20TH APRIL, 2002 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1: COPY OF JUDGMENT DTD. 26/03/2007 IN WP(C) NO.72/1998 RENDERED BY THE HON.SUPREME COURT. Kss ..2/- ...2...... WPC.NO.10897/2008 S EXT.R2(A): COPY OF THE JUDGMENT IN WRIT PETITION NO.6498/2008. EXT.R2(B): COPY OF THE JUDGMENT IN WRIT PETITION NO.14071/2008. EXT.R2(C): COPY OF THE NOTIFICATION NO.GSR 682(E) DTD.5/10/1999 AS ENVIRONMENT(PROTECTION)(SECOND AMENDMENT) RULES 1999. EXT.R2(D): COPY OF THE LETTER NO.R-4(2)89 DTD. 2/05/2000. EXT.R6(A): COPY OF THE ORDER DTD. 26/03/07 BY THE HON'BLE SUPREME COURT. EXT.R7(A): COPY OF THE ORDER DTD. 26/03/07 BY THE HON'BLE SUPREME COURT. EXT.R10(A): COPY OF ORDER DTD. 26/03/07 BY THE HON'BLE SUPREME COURT. EXT.R10(B): COPY OF ORDER DTD. 21/02/2008 ISSUED BY R2. EXT.R10(C): COPY OF NOTIFICATION NO.GSR682(E) DTD. 5/10/99. EXT.R10(D): COPY OF LR.NO.R4(2)89 DTD. 2/05/00. EXT.R10(E): COPY OF REPRESENTATION DTD. 1/07/08. /TRUE COPY/ P.S.TO JUDGE Kss J.B. Koshy,Ag.C.J. & V.Giri, J. ---------------------------------------- W.P.(C) No.10897 of 2008 S ---------------------------------------- Dated this the 19th day of February, 2009 Judgment Koshy, Ag.C.J. This is a petition for issuance of a writ of mandamus directing respondents 1 and 2 to see that the Noise Pollution (Regulation and Control) Rules, 2000 (for short 'the Rules') should be implemented in full. The Hon'ble Supreme Court has considered the matter in Noise Pollution (V) in RE, Forum, Prevention of Environmental and Sound Pollution v. Union of India ((2005) 5 SCC 733). The Hon'ble Supreme Court also noticed that the State Government has not categorized the places as industrial, commercial, residential or silent zones as contemplated under rule 3 (2) of the Rules. At the same time, it was ordered by the Hon'ble Supreme Court as follows in Ext.R1 order dated 26.3.2007 in I.A.No.45 in Writ Petition (Civil) No.72 of 1998 and connected cases: “The counsel for the petitioner submitted that in the earlier order noting was said about firecrackers. It is pointed out by the counsel for the respondent that thus Court was already issued directions in paragraph 174 in the case of Noise Pollution (V) RE, Forum, Prevention of Environmental and Sound Pollution v. Union of W.P.(C) No.10897/2008 2 India ((2005) 5 SCC 733), to the effect that the firecrackers shall not be burst between10 p.m. to 6 a.m. It may be noticed that in paragraph 168 of the above judgment, this court made the following observations: “168. ..... Festivals and ceremonies wherein fireworks and crackers are customarily burst can be accompanied by earmarking a place and time wherein and when all the people can come together and witness or view a show of fireworks dispensing with the need of crackers being burst in residential areas, and that too, which is done without any regard to burning. Manufacturers can be encouraged to make such fireworks as would display more the colours rather than make noise.” For the festivals and ceremonies, the restriction imposed can be relaxed as large number of people gather and firecrackers may be used, subject to the directions given in the above judgment and also subject to the directions given by the authorities of Department of Explosives.” It is the case of the petitioner that by Ext.P10 classification of zones have been done in the Kerala State. In these circumstances, we direct the State to strictly enforce the Noise Pollution (Regulation and Control) Rules, 2000 subject to the directions of the Hon'ble Supreme Court in Noise Pollution (V) in RE, Forum, Prevention of Environmental and Sound Pollution v. Union of India ((2005) 5 SCC W.P.(C) No.10897/2008 3 733) as well as the directions of the Hon'ble Supreme Court in Ext.R1 order and other decisions. The writ petition is disposed of with the above directions. J.B.Koshy Acting Chief Justice V. Giri Judge vaa