Nagarajan .M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Nagarajan ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Dindugul District.

2.The Superintendent of Police, Office of the Superintendent of Police, Dindugul District.

3.The Tahsildar, Office of the Tahsildar, Nilakottai Taluk, Dindigul District.

4.The Deputy Superintendent of Police, Office of the Superintendent of Police, Nilakottai, Dindugul District.

5.The Inspector of Police, Vilampatti Police Station, Dindugul District.

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6.Dindigul Mavattam, Nilakottai Vatara Oil & Oil Urimaiyalargal Sangam, represented by A.Sathappan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from granting permission to conduct the music festival by using cone type speaker at E.Kongapatti in Nilakkottai Taluk, Dindugul District on 10.12.2022 and 11.12.2022 in accordance with law. For Petitioner : Mr.S.Malaikani For R1 & R3 : Mr.J.K.Jeyaselan Government Advocate For R2, R4 & R5 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, forbearing the respondents from granting permission to conduct the music festival by using cone type speaker at E.Kongapatti in Nilakkottai Taluk, Dindugul District on 10.12.2022 and 11.12.2022 in accordance with law.

2.Mr.J.K.Jeyaselan, learned Government Advocate takes notice for the respondents 1 and 3 and Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor takes notice for the respondents 2,4& 5. By 2/6

consent, this writ petition is taken up for final disposal at the admission stage itself.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 2, 4 & 5 would submit that the Hon'ble Supreme Court in the case of Prevention of Environmental and Sound Pollution Vs. Union of India reported in (2005) 5 Supreme Court Cases 733 has specifically held that the permission should not be granted for cone shape speakers in any event.

4. The writ petitioner has only sought for a writ, forbearing the respondents from granting permission to conduct the music festival by using cone type speakers. Since the Hon'ble Supreme Court has already settled the issue, the question of granting the relief sought for does not arise at all.

5. In view of the above, this Writ Petition stands disposed of. 08.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/6

To 1.The District Collector, Office of the District Collector, Dindugul District.

2.The Superintendent of Police, Office of the Superintendent of Police, Dindugul District.

3.The Tahsildar, Office of the Tahsildar, Nilakottai Taluk, Dindigul District.

4.The Deputy Superintendent of Police, Office of the Superintendent of Police, Nilakottai, Dindugul District.

5.The Inspector of Police, Vilampatti Police Station, Dindugul District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 08.12.2022 6/6