This writ petition is filed challenging Ext.P4 order passed by the District Magistrate alleging that the loud speaker installed in the Church premises is causing nuisance and petitioner has been directed to stop using the electronic church bell. It is also stated in Ext.P4 that there is a possibility of law and order on account of use of electronic bell or other loud speaker.
2. I am of the view, the District Magistrate has no power to prohibit the petitioner using church bell in violation of Noise Pollution (Regulation and Control) Rules. However, petitioner cannot use any loud speaker without obtaining permission from the Deputy Superintendent of Police of competent jurisdiction. Therefore, petitioner shall approach the Deputy Superintendent of Police of competent jurisdiction within a period of four weeks from the date of receipt of a copy of this judgment. The Deputy Superintendent of Police shall obtain report from the Environmental Engineer concerned before considering the application for permission. The Environmental Engineer shall permit use of any loud speaker considering the objections to W.P(C).No.30430 of 2010 C 2 maintain ambient air quality standards in the surroundings. Based on such consent and after hearing the petitioner, 4th respondent and any other affected parties, the Deputy Superintendent of Police shall process the application within a further period of six weeks. Till a final decision is taken by the Deputy Superintendent of Police, no coercive steps shall be taken against the petitioner based on impugned order.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/06/11/14