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Biju.O.S vs State Of

High Court Of Kerala|13 October, 2014
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JUDGMENT / ORDER

The petitioner has approached this Court on account of Loud Speaker being used by the 4th respondent. Petitioner raised his complaint before the 3rd respondent. According to the petitioner, on account of the operation of loud speaker, the petitioner is unable to live in the area. It is also submitted that the sound level of the loud speaker is beyond the permissible limit. 2. The Assistant Commissioner of Police produced R5 (a) along with the counter affidavit. It is stated in the affidavit that the sound level is within the permissible limit. The 4th respondent temple authority also relies upon R4(a) permission issued by Sub Divisional Police Officer. I am of the view that if the petitioner has any grievance, the petitioner shall approach the Pollution Control Board. The Pollution Control Board shall inspect the premises and if it finds that the sound level exceeds the limit, necessary instruction shall be given to reduce the sound level in confirmity with the permissible limit. With that liberty the writ petition is disposed of with the following directions:
W.P.(C).No.23163 of 2014 2
i) The petitioner shall approach the Pollution Control Board and the Pollution Control Board shall inspect the premises and find out the sound level.
ii) The competent Police Officer shall issue permission only based on the certificate issued by the Pollution Control Board.
iii) If the 4th respondent is found using the loud speaker exceeding the permissible sound limit, necessary action shall be taken against the 4th respondent .
Writ petition is disposed of as above.
jm/ A.MUHAMED MUSTAQUE, JUDGE
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Title

Biju.O.S vs State Of

Court

High Court Of Kerala

JudgmentDate
13 October, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri
  • C R Sivakumar