S. Lavi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025 CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL S. Lavi ... Petitioner Vs 1.The District Collector, Kannyakumari District.
2.The Environmental Engineer, The Tamil Nadu Pollution Control Board, 30/2, SIDCO Small Industrial Complex, Pettai, Tirunelveli District.
3.The Superintendent of Police, Nagarcoil, Kannyakumari District.
4.The Inspector of Police, Marthandam Police Station, Kannyakumari District.
5.Inbai 6.Jayasingh ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/6
India, praying this Court to issue a Writ of Mandamus, directing the respondents 3 and 4 to take action against the respondents 5 and 6 for unauthorizedly using the community welfare hall in Door No.1-25, Pacode Village, Kuzhithurai and Kanyakumari District as prayer gatherings building and further directing the respondents 1 to 4 to ban the cone shape loud speaker in the said building by considering the petitioner's representation, dated 09.07.2024. For Petitioner : Mr.R.Balakrishnan, For R1 and R2 : Mr.M.Senthil Ayyanar Government Advocate For R3 and R4 : Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
This Writ Petition has been filed seeking a direction to the respondents 5 and 6 for unauthorizedly using the community welfare hall in Door No.1-25, Pacode Village, Kuzhithurai and Kanyakumari District as prayer gatherings building and further directing the respondents 1 to 4 to ban the cone shape loud speaker in the said building by considering the petitioner's representation, dated 09.07.2024. 2/6
2.When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents 1 and 2 would submit that based on the petitioner's complaint, the respondent police have conducted enquiry and requested the fourth respondent to conduct assessment of the sound through the appropriate authorities through letter date, 30.07.2024 and the same is pending before the fourth respondent. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the respondent police have requested the Pollution Control authorities to enquire the matter and file appropriate report and the same is pending. Therefore, after receipt of the report from the Pollution Control Board, they will take appropriate action.
5.Considering the limited scope of the prayer sought for in this petition, this Court, without even issuing notice to the private respondents, is inclined to pass order.
6.Since the prayer of the petitioner is to take necessary action and 3/6
the same is under consideration with the fourth respondent and the official respondents also awaiting report from the Pollution Control Board, the fourth respondent is directed to complete the enquiry and dispose of the petitioner's representation, within a period of one week, from the date of receipt of the report from the Pollution Control Board 7.With the above direction, this writ petition is disposed of. 24.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 4/6
To 1.The District Collector, Kannyakumari District.
2.The Environmental Engineer, The Tamil Nadu Pollution Control Board, 30/2, SIDCO Small Industrial Complex, Pettai, Tirunelveli District.
3.The Superintendent of Police, Nagarcoil, Kannyakumari District.
4.The Inspector of Police, Marthandam Police Station, Kannyakumari District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
P.DHANABAL , J.
LR 24.03.2025 6/6