Sivakala.L.S vs Secretary To Government
2022 Latest Caselaw 6122 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                     WP(C) NO. 4253 OF 2014
PETITIONER:
          SIVAKALA.L.S.
          G.S.BHAVAN, VENGANINNA ASSANVILA,
          KAZHIVOOR P.O., NEYYATTINKARA TALUK,
          TRIVANDRUM DISTRICT.
          BY ADV SRI.T.SREEKANTAN

RESPONDENTS:
    1     SECRETARY TO GOVERNMENT
          DEPARTMENT OF ENVIRONMENT,
          GOVT. SECRETARIAT, TRIVANDRUM- 695 001
    2     DIRECTOR GENERAL OF POLICE
          POLICE HEAD QRS., VELLAYAMBALAM,
          TRIVANDRUM - 695 010.
    3     DISTRICT COLLECTOR
          TRIVANDRUM - 695 001
    4     DISTRICT POLICE CHIEF
          TRIVANDRUM - RURAL - 695 001.
    5     ENVIRONMENTAL ENGINEER
          POLLUTION CONTROL BOARD (KERALA),
          TRIVANDRUM - 695 021.
    6     SUB INSPECTOR OF POLICE
          KANJIRAMKULAM POLICE STATION, KANJIRAMKULAM,
          TRIVANDRUM - 695 124.
    7     PRESSBYTTER/PUROHITHAN
          IMMANUAL C.S.T. CHURCH, ASAN VILA,
          KAZHIVOOR P.O., TRIVANDRUM - 695 526.
    8     SECRETARY
          IMMANUAL C.S.T. CHURCH, ASAN VILA,
          KAZHIVOOR P.O., TRIVANDRUM - 695 526.
          BY ADVS.SRI.GEORGE VARGHESE KIZHAKKAMBALAM
          SRI.V.RAJENDRAN PERUMBAVOOR
          SRI. M.AJAY, SC, KERALA STATE PCB
          SRI.NAVEEN T, SC , PCB, SMT.VIDYA KURIAKOSE, GP


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   01.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.4253/2014

                                     2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.4253 of 2014
             ----------------------------------------------
            Dated this the 01st day of June, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, Orders, directions directing the respondents 1 to 6 to take urgent measures to prevent indiscriminate use of loud speakers, amplifiers, sound boxes by the Respondents 7 & 8 without any control and to adjust the sound so as to hear only the listeners in the hall and not to cause any disturbance to the petitioner or to any members of her family.

ii. Issue a writ of mandamus or any other appropriate writs, orders or directions directing the respondents 1 to 6 to see that the respondents 7 & 6 are removing the loud speakers, amplifiers, sound boxes fitted on the top of the tower of the church and the ones near the windows facing the house of the Petitioner.

iii. Issue a direction prohibiting the indiscriminate use of loud speakers, amplifiers, sound boxes without compliance of the provisions of Environment Protection Act and Environment Protection Rules.

iv. To grand such other reliefs as this Hon'ble Court W.P.(C).No.4253/2014

may deem fit and proper in the circumstances of the case.

(SIC)

2. This writ petition is filed mainly with a prayer to

issue appropriate direction to respondents 1 to 6 to take

urgent measures to prevent indiscriminate use of loud

speakers, amplifiers, sound boxes by respondents 7 and 8

without any control and to adjust the sound so as to hear only

the listeners in the hall and not to cause any disturbance to

the petitioner or to any members of her family.

3. When this writ petition came up for consideration,

the learned Government Pleader, based on the instructions

from the Superintendent of Police, Neyyatinkara dated

08.10.2015, submitted that there was some disturbance which

was rectified thereafter and the church is now using only four

box type sound system and no amplifiers.

In the light of the same, nothing survives in this writ

petition. Therefore, this writ petition is closed, recording the

submission of the learned Government Pleader.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.4253/2014

APPENDIX OF WP(C) 4253/2014

PETITIONER EXHIBITS EXHIBIT P1. COPY OF THE PETITION DATED 20.11.2010 FILED BY THE PETITIONER BEFORE THE KANJIRAMKULAM POLICE STATION.

EXHIBIT P2. COPY OF THE ACKNOWLEDGEMENT CARD DATED 22.11.2010 DULY ACKNOWLEDGING THE PETITION BY KANJIRAMKULAM POLICE STATION AUTHORITIES.

EXHIBIT P3. COPY OF THE RECEIPT/ACKNOWLEDGEMENT DATED 20.01.2011 ISSUED BY THE DISTRICT OFFICE OF KERALA STATE POLLUTION CONTROL BOARD TRIVANDRUM.

EXHIBIT P4. COPY OF THE REPLY DATED 08.03.2011 ISSUED BY THE DISTRICT OFFICE OF KERALA STATE POLLUTION CONTROL BOARD, TRIVANDRUM.

EXHIBIT P5. COPY OF THE PETITION DATED 24.03.2011 FILED BY THE PETITIONER BEFORE THE S.I. OF POLICE, KANJIRAMKULAM POLICE STATION. EXHIBIT P6. COPY OF THE RECEIPT/ACKNOWLEDGMENT DATED 05.04.2011 ISSUED BY THE DISTRICT OFFICE OF KERALA STATE POLLUTION CONTROL BOARD, TRIVANDRUM.

EXHIBIT P7. COPY OF THE O.P TICKET OF E.N.T DEPARTMENT, GOVT. DISTRICT HOSPITAL, NEYYATTINKARA DATED 01.01.2014 EVIDENCING THE TREATMENT UNDERGONE BY THE PETITIONER FOR EAR/HEARING PROBLEMS.

EXHIBIT P8. COPY OF THE PETITION DWATED 10.01.2014 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, TRIVANDRUM (RURAL) WITH COPY TO ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD BY POST.