IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3071 of 2008(N)


1. KOTHAMANGALAM POLLUTION CONTROL CLUB,
                      ...  Petitioner

                        Vs



1. KOTHAMANGALAM MUNICIPALITY,
                       ...       Respondent

2. CHIEF ENVIRONMENTAL ENGINEER,

                For Petitioner  :SRI.C.DILIP

                For Respondent  :SRI.V.M.KURIAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :29/05/2008

 O R D E R
                        ANTONY DOMINIC, J.
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                        W.P.(C) 3071 of 2008
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                        Dated: MAY 29, 2008

                             JUDGMENT

Petitioner submits that the siren installed by the 1st respondent is offending the provisions of the Air (Prevention and Control of Pollution) Act, 1981. Highlighting this, the petitioner is seen to have made Ext.P3 application to the 2nd respondent which was forwarded to the 1st respondent and also to the Circle Inspector of Police, Kothamangalam for appropriate action. It is aggrieved by this that the writ petition has been filed.

2. If the sound level emanating from the siren is exceeding the standard of noise that is prescribed under the Air (Prevention and Control of Pollution) Act, it is for the 2nd respondent itself to take such remedial action. Therefore, the 2nd respondent will take up and consider Ext.P3, and if necessary, conduct inspection and take such action as is warranted in law. Needless to say that any action on Ext.P3 shall be with notice to the 1st respondent.  WP(C) 3071/08 2

3. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for necessary compliance.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE mt/-