IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT:

         THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

    WEDNESDAY, THE 6TH DAY OF NOVEMBER 2013/15TH KARTHIKA, 1935

                    WP(C).No. 4113 of 2013 (L)
                    ---------------------------

PETITIONER:
-----------

       KRISHNANKUTTY.R, S/O.RAGHAVAN,
       LALITHA BHAVAN, VALLAM, AVANOOR,
       KOTTARAKKARA KOLLAM DISTRICT.

       BY ADV. SRI.B.MOHANLAL

RESPONDENTS:
-----------

     1. THE DISTRICT POLICE CHIEF , KOLLAM RURAL,
       KOTTARAKKARA P.O., KOLLAM DISTRICT, PIN-691 506

     2. THE CIRCLE INSPECTOR OF POLICE,
       KOTTARAKKARA P.O., KOLLAM DISTRICT, PIN-691 506

     3. THE SUB INSPECTOR OF POLICE,
       KOTTARAKKARA P.O., KOLLAM DISTRICT, PIN-691 506

     4. THE ENVIRONMENTAL ENGIENER,
       KERALA STATE POLLUTION CONTROL BOARD, USHUS BUILDING,
       CHAMAKKADA, KOLLAM- 691 001.

     5. SMT. USHA KUMARI,
       NANU BHAVAN, VALLAM, AVANOOR,
       KOTTARAKKARA P.O., KOLLAM DISTRICT, PIN-691 506.

       R4  BY ADV. SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD
       R5  BY ADV. SRI.K.V.ANIL KUMAR
       BY GOVERNMENT PLEADER SMT.K.A SANJEETHA

        THIS WRIT PETITION (CIVIL)   HAVING BEEN FINALLY HEARD   ON
06-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4113 of 2013 (L)


                             APPENDIX




 PETITIONER'S EXHIBITS


EXHIBIT-P1 - COPY OF THE COMPLAINT NO.2426/CAMP/PTN./2006 FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10-12-2012




 RESPONDENTS' EXHIBITS : NIL




                                            //True Copy//




                                            P.A to Judge



ab



                      P.R.RAMACHANDRA MENON, J
                 -----------------------------------------------
                       W.P(C) No.4113 of 2013
                 ------------------------------------------------
               Dated this the 6th day of November, 2013


                             J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to take effective measures to prevent the nuisance, sound and noise pollution by using high volume loud speakers and sound system by the 5th respondent and her henchmen in Vallam area continuing without any permission or license from the statutory authorities.

ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to desist the 5th respondent and her henchmen to prevent the nuisance, sound and noise pollution by using high volume loud speakers and sound system in Vallam area continuing without any permission or license from the statutory authorities.

Iii) To declare that the nuisance, sound and noise pollution by using high volume loud speakers and sound system in Vallam area by the 5th respondent is strictly in violation of the Environment (Protection) Act and Rules and Air (Prevention and Control of Pollution) Act, Kerala Police Act and Code of Criminal Procedure.

iv) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext.P1 within a stipulated time as directed by this Hon'ble Court and take effective measures to desist the 5th respondent and her henchmen to prevent the nuisance, sound and noise pollution by using high volume loud speakers and sound system in Vallam area continuing without any permission or license from the statutory authorities by initiating legal action.

v) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

 W.P(C) No.4113 of 2013 2

2. Despite completion of service of notice ordered in February 2013, no counter affidavit has been filed so far. The learned counsel for the petitioner submits that the only relief now pressed before this Court is to cause Ext.P1 complaint preferred before the 1st respondent to be considered and disposed of within a reasonable time.

After hearing the learned counsel for the petitioner, the learned counsel appearing for the 5th respondent and the learned Government Pleader, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P1 taking necessary steps in accordance with law, after giving an opportunity of hearing to the petitioner and also the 5th respondent, as expeditiously as possible.

The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for further steps.

P.R.RAMACHANDRA MENON JUDGE ab