P.Samiyath Thevar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P.[MD].No.15733 of 2018 P.Samiyath Thevar : Petitioner Vs.

1. The Superintendent of Police, Tirunelveli, Tirunelveli District.

2. The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

3. The Sub-Inspector of Police, Chinnakovilangulam Police Station, Chinnakovilangulam, Tirunelveli District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the third respondent dated [nil], vide his proceedings [nil] and quash the same as illegal and consequently direct the respondents 1 to 3 to grant permission to conduct the "Folk Song Programme", on 24.07.2018 up to 01.00 PM.

For petitioner : Mr.V.Kathivelu Senior Counsel For Mr.K.Prabhu For respondents : Mr.M.Rajarajan Government Advocate

O R D E R

*********** [Order of the Court was made by C.T.SELVAM, J.] The petitioner seeks to quash the order of the third respondent dated [nil], vide his proceedings [nil] and consequently direct the respondents 1 to 3 to grant permission to conduct the "Folk Song Programme", on 24.07.2018 up to 01.00 PM.

2. The petitioner, who is stated to be a trustee of Nattammai of Sri Akkiri Malaiyammankovil, has submitted a representation, before the third respondent seeking to grant permission to conduct the "Folk Song Programme", on 24.07.2018 upto 01.00 PM. The said representation was rejected by the impugned order.

3. We have heard Mr.V.Kathivelu, learned Senior Counsel representing Mr.K.Prabhu learned counsel on record for the petitioner and Mr.M.Rajarajan, learned Government Advocate for the respondents.

4. Although the petitioner prays that the time may be permitted upto 1.00 a.m., the learned Senior Counsel for the petitioner submits that the petitioner would restrict the prayer of permission upto 12 midnight.

5. Per contra, Mr.M.Rajarajan, learned Government Advocate, submits that the petitioner must be required to finish their programme by 10.00 p.m., in keeping with the directions issued by this Court. Thus, it is the contention of the respondents that the conduct of festivities using sound systems may be restricted to 10.00 p.m.

6. The learned Senior Counsel for the petitioner has brought to notice of this Court the notification of the Ministry of Environment, Forest and Climate Change, dated 10.08.2017 in S.O.2555(E) and particularly, the following therein:- "3.In the principal rules, in rule 5, for sub-rule (3), the following shall be substituted namely:- (3)Notwithstanding anything contained in sub-rule (2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year and the concerned State Government or District Authority in respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative."

7. On a perusal of the notification dated 10.08.2017 of the Ministry of Environment, Forest and Climate Change, informs that the time may be permitted upto 12 midnight on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year.

8. In the light of the above, this Court directs the respondents to grant permission to conduct the "Folk Song Programme" upto 12, midnight, on 24.07.2018. The submission of the learned Senior Counsel for the petitioner that the sound system will be operated within permissible decibel levels is recorded. We also record the submission of the learned Senior Counsel that no

residential area exists in and around the immediate vicinity of the temple.

9. The writ petition shall stand disposed of accordingly. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Tirunelveli, Tirunelveli District.

2. The Deputy Superintendent of Police, Sankarankovil, Tirunelveli District.

3. The Sub-Inspector of Police, Chinnakovilangulam Police Station, Chinnakovilangulam, Tirunelveli District.

+1cc to Mr.K.Prabhu, Advocate Sr.No.73853 +1cc to Spl.Government Pleader Sr.No.74092 NB VB/SV/SAR4/20.07.2018/3P/6C ORDER MADE IN W.P.[MD].No.15733 of 2018 19.07.2018