1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.14314 of 2011 and M.P.(MD)No.1 of 2011 S.Xavier Benedict ... Petitioner Vs. 1.The District Collector, Kanyakumari District,Nagercoil. 2.The Superintendent of Police, Kanyakumari District, Nagercoil. 3.The Revenue Divisional Officer, Padmanabapuram, Thakkalai, Kanyakumari District. 4.The Tahsildar, Kanyakumari District,Nagercoil. 5.A.Viswanathan, S/o.Arulappan ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the respondents 1 and 2 to give effect to the decision of the 1st respondent, in his proceedings No.1, dated 28.02.2011, in letter and spirit, to prevent noise pollution at Vizhunthayambalam in Keelkulam Village, Kanyakumari District. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.K.Mahendran, 1 to 4 ORDER [Order of the Court was made K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction to the respondents 1 and 2 to give effect to the decision of the 1st respondent, in his proceedings No.1, dated 28.02.2011, in letter and spirit, to prevent noise pollution at Vizhunthayambalam in Keelkulam Village, Kanyakumari District. 2.Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of respondents 1 to 4. In view of the order https://hcservices.ecourts.gov.in/hcservices/ 2 which we propose to pass protecting the interest of the 5th respondent also, we are of the view that no notice need be issued to the 5th respondent at this stage. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for final hearing, at the time of admission itself. 3.Learned counsel for the petitioner would submit that the petitioner has already made a representation on 14.11.2011 alleging noise pollution being made by the 5th respondent in the village, which causes inconvenience to the students who are studying in the 10th and the 12th standards but, so far, no action has been taken and hence the petitioner has been constrained to approach this Court with the present petition, with the aforesaid relief. He would further submit that the petitioner would be satisfied if a direction is given to the 1st respondent to consider his representation, dated 14.11.2011, within a time frame. 4.Heard the learned Special Government Pleader appearing for respondents 1 to 4, on the submissions made by the learned counsel for the petitioner. 5.In view of the limited prayer now made before this Court to the effect that the petitioner would be satisfied that if a direction is given to the 1st respondent to consider his representation, this Court, without going in to the merits of the representation of the petitioner, dated 14.11.2011, and without expressing any view on such representation, is constrained to direct the 1st respondent to consider the representation of the petitioner, dated 14.11.2011, by affording an opportunity to the petitioner and to the 5th respondent as well as to other relevant parties, by issuing notices, and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. The petitioner shall furnish a fresh copy of his representation, dated 14.11.2011, along with a copy of this order, to the 1st respondent within a period of seven days from the date of receipt of a copy of this order. 6.With the above direction, the writ petition stands disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Superintendent of Police, Kanyakumari District, Nagercoil. 3.The Revenue Divisional Officer, Padmanabapuram, Thakkalai, Kanyakumari District. 4.The Tahsildar, Kanyakumari District, Nagercoil. +1cc to Mr.T.Lajapathi Roy, Advocate, Sr.No.43985 Order in W.P.(MD)No.14314/2011 and M.P.(MD)No.1 of 2011 Dated:15.12.2011 gb SMA/20.12.2011/6C/3P https://hcservices.ecourts.gov.in/hcservices/