Krishnamoorthy vs The Commissioner Of Police
2021 Latest Caselaw 6445 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA,
                         1942

                  WP(C).No.4552 OF 2021(T)


PETITIONER:

              KRISHNAMOORTHY,
              AGED 62 YEARS, S/O. NARASIMHA IYER,
              KANNIMEL MADOM, KARUNAGAPPALLY VILLAGE,
              KARUNAGAPPALLY.

              BY ADV. SRI.T.R.RAJAN

RESPONDENTS:

     1        THE COMMISSIONER OF POLICE,
              POLICE COMMISSIONER'S OFFICE, MUNDAKKAL,
              KOLLAM, PIN-691001.

     2        THE SUB INSPECTOR OF POLICE,
              KARUNAGAPPALLY POLICE STATION,
              KARUNAGAPPALLY, PIN-690518.

     3        THE ENVIRONMENTAL ENGINEER,
              DISTRICT OFFICE, THE KERALA STATE POLLUTION
              CONTROL BOARD, USHUS BUILDING, BIG BAZAR,
              KOLLAM, KERALA, PIN-691001.

     4        MARUTHOORKULANGARA MAHADEVAR TEMPLE,
              MARUTHOORKULANGARA NORTH, KARUNAGAPPALLY,
              REPRESENTED BY ITS PRESIDENT,
              MANAGING COMMITTEE, PIN-690513.

              SRI.T.NAREEN SC
              SMT.G.RANJITA GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 23.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.4552 of 2021

                                        2



                          W.P.(C) No.4552 of 2021

                      ---------------------------------------

                               JUDGMENT

The grievance voiced by the petitioner in the writ

petition concerns the noise pollution caused from the premises of

the fourth respondent. Ext.P3 is the compliant lodged by the

petitioner in this regard before the first respondent, the competent

authority under the Noise Pollution (Regulation and Control) Rules,

2000. It is alleged that Ext.P3 complaint is not being considered by

the first respondent.

2. Heard the learned counsel for the petitioner, the

learned Government Pleader as also the learned Standing Counsel

for the third respondent.

Having regard to the facts and circumstances of the

case, I deem it appropriate to dispose of the writ petition directing

the first respondent to consider and pass orders on Ext.P3

complaint with notice to the petitioner as also the fourth

respondent, within three weeks. Ordered accordingly. The third

respondent shall render necessary technical advice to the first

respondent for the said purpose.

Sd/-

P.B.SURESH KUMAR, JUDGE

YKB W.P.(C) No.4552 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 7.1.1993 ISSUED BY THE GOVERNMENT OF KERALA.

EXHIBIT P2 TRUE COPY OF THE CIRCULAR DATED 7.1.2021 ISSUED BY THE TRAVANCORE DEVASWOM BOARD.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 19.1.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE