Subramania Raja P K v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.16712 of 2023 Dr.P.K.Subramania raja ... Petitioner Vs.

1.State of Tamil Nadu, By Secretary to Government, Pollution Department, Fort St. George, Chennai - 600 009.

2.The District Collector, 3.The Authorized Officer, Tamil Nadu Pollution Control Board, SAR, Complex Door No.15/4, 12A/3, Back to Vetri Cinemas, 4.The Deputy Superintendent of Police, 1/6

5.The Commissioner, Allinagaram Municipality, 6.The Inspector of Police, Theni Police Station, Theni District. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent No.6 to execute the direction issued by the respondent No.3 in Lr.No.C.0448/DEE/TNPCB/THENI/COMPLAINT/2023/DATED 11.05.2023.

For Petitioner :Mr.J.Senthil Kumar For Respondents :Mr.D.Sachi Kumar, Additional Government Pleader ***

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) Heard Mr.J.Senthil Kumar, learned counsel for the petitioner and Mr.D.Sachi Kumar, learned Additional Government Pleader for the respondents.

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2. The Writ Petition is filed seeking for issuance of a Writ of Mandamus, directing the sixth respondent to execute the direction issued by the third respondent in Lr.No.C. 0448/DEE/TNPCB/THENI/COMPLAINT/2023/DATED 11.05.2023.

3. The petitioner is running a Hospital in the name of Shri Raja Nursing Home. It is his case that adjacent to his Hospital, a Marriage Hall is constructed in the name and style of N.R.T Hall by a private individual and that, they are causing noise pollution by using loud speakers(public address system). Therefore, the petitioner has made a representation to the Inspector of Police, Theni Police Station. However, the petitioner was earlier informed that the competent authority is the Deputy Superintendent of Police designated for the maintenance of the Ambient Air Quality standards in respect of noise.

4. Today, the learned counsel appearing for the petitioner submitted that in pursuant to the complaint made by the petitioner, the Inspector of Police, Theni Police Station, has made an enquiry and local inspection and the person, who is running the Marriage Hall has given an 3/6

undertaking that they will not indulge in any kind of activities causing noise pollution beyond the permissible limits. Therefore, the learned counsel requests that recording the undertaking given by the private individual before the Theni Police Station, the writ petition may be disposed of.

5. Therefore, recording the submission of the learned counsel for the petitioner, this writ petition is disposed of with a direction to the official respondents to keep a watch and ensure that the Marriage Hall does not cause noise pollution beyond the permissible limits. No Costs. [S.S.S.R., J.] [D.B.C., J.] 21.07.2023 Index : Yes / No NCC : Yes/No pm 4/6

To:

1.The Secretary to Government, State of Tamil Nadu, Pollution Department, Fort St. George, Chennai - 600 009.

2.The District Collector, 3.The Authorized Officer, Tamil Nadu Pollution Control Board, SAR, Complex Door No.15/4, 12A/3, Back to Vetri Cinemas, 4.The Deputy Superintendent of Police, 5.The Commissioner, Allinagaram Municipality, 6.The Inspector of Police, Theni Police Station, 5/6

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

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