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Madras High CourtWP(MD)/19476/2024disposed of

S.Levi v. The District Collector

2024-08-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.19476 of 2024 S.Levi

...Petitioner

Vs.

1.The District Collector, Kanyakumari District, Nagerkovil.

2.The Superintendent of Police, Kanyakumari District, Nagerkovil.

3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

4.The Executive Officer, Pakodu Town Panchayath, Kanyakumari District.

5.Inbabai 6.Jeyasingh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/4

respondents 1 to 3 to prevent the respondents 5 and 6 from conducting any prayer meeting by making loud noise through the speakers exceeding the permitting decibel level in the community hall in Door No.1/25, Kattuvillai Village, Pakodu Town Panchayath, Kanyakumari District based on the writ petitioner's representation dated 09.07.2024. For Petitioner : Mr.M.Maran For R1 to R3 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For R4 : Mr.T.Amjad Khan

ORDER

The Writ Petition has been filed seeking orders to direct the respondents 1 to 3 to prevent the respondents 5 and 6 from conducting any prayer meeting by making loud noise through the speakers exceeding the permitting decibel level in the community hall in Door No.1/25, Kattuvillai Village, Pakodu Town Panchayath, Kanyakumari District based on the writ petitioner's representation dated 09.07.2024.

2. Mr.P.Kottai Chamy, learned Government Advocate (Criminal Side) takes notice for the respondents 1 to 3 and Mr.T.Amjad Khan, learned counsel takes notice for the fourth respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2/4

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that on the basis of the complaint given by the writ petitioner, CSR No.711 of 2024 came to be registered and is pending.

4. Considering the above, the third respondent is directed to issue written summons to the writ petitioner and to the private respondents for causing their appearance before him for enquiry and there is no question of orally summoning the parties to the police station and further the third respondent is directed to conduct enquiry and pass orders within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

14.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 3/4

K.MURALI SHANKAR, J csm To 1.The District Collector, Kanyakumari District, Nagerkovil.

2.The Superintendent of Police, Kanyakumari District, Nagerkovil.

3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in W.P.(MD)No.19476 of 2024 Dated : 14.08.2024 4/4