M VEERATESWARAN Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) The prayer is for a Mandamus to forbear respondents 1 to 3 from giving permission to the fifth respondent for the purpose of playing microphone in a private temple within the premises bearing Door No.64 Nehru Street, Karaikal, Union Territory of Pondicherry, on the following allegations: The fifth respondent, a resident of Karaikal, had purchased the property at Door No.64, Nehru Street, and illegally put up a construction and using it as Kalyana Mandapam. He had not obtained a sanctioned plan. The plan originally sanctioned has no connection whatsoever with the construction put up by him. The petitioner has complained to the authorities and they have also initiated legal action to prosecute the fifth respondent. The said construction adjoins the petitioner's compound wall. The fifth respondent has installed an Amman statue. During December and January, he secured permission from respondents 1 to 3 and played music through microphone at odd hours causing immense nuisance to neighbours. The petitioner's family was directly affected on account of the noise emanating from that place. The distance between the temple and the petitioner's house is hardly one foot. The fourth respondent has also given electricity supply to the temple. The third respondent permitted the fifth respondent to play music at odd hours. The fifth respondent did not adhere to the timings. There is unabated nuisance caused. During the previous year, the petitioner had given objection, but, the same was rejected by the first respondent. The fifth respondent was instructed to follow the timings and to reduce the volume to the barest minimum. The directions were not followed. The Tamil Nadu Legislature has also passed a legislation regulating the use of sound amplifiers in public places. Any violation of the licence conditions should result in cancellation of licence. However, so far as Union Territory of Pondicherry is concerned, to the knowledge of the petitioner, no legislation corresponding to the provisions of the Madras City Police Act has been passed. The fifth respondent had deliberately turned the microphone facing the petitioner's house and caused great nuisance and harassment to the petitioner's family. The petitioner has an aged mother, who is unable to bear the nuisance on account of the noise. There is no law or principle that mandates playing of music in temples, and that too, film songs. In these circumstances, the writ petition has been filed.

(2.) The respondents have been served.

(3.) The fifth respondent has filed a detailed counter stating inter alia as follows: The petitioner has suppressed the material facts with mala fide intention to prevent the fifth respondent from doing his lawful business in running the Kalyana Mandapam. The fifth respondent obtained an approved plan in Plan No.604/kpa/98, dt.17.3.1999 from the Chairman and the Member-Secretary of Karaikal Town Planning authority for putting up a Kalyana Mandapam. He constructed as per the approved plan and completed the work in 2001. At the time of construction, nobody objected to the sanction. The writ petitioner is residing at 219, Church Street, Karaikal. The microphone is in Door No.62, Nehru Street, which is on the south-east of the petitioner's property. The fifth respondent purchased the property bearing Old Door No.218, lying immediately on the south of Door No.219, owned by the writ petitioner, and on the west of the Kalyana Mandapam put up by him. There arose a litigation between the writ petitioner and the vendor of the fifth respondent, and the same is still pending. The fifth respondent, as Power of Attorney of his vendor, is handling the litigation. The petitioner was enraged by purchase of the property by the fifth respondent and putting up of construction, and his pursuing the litigation. The petitioner sent telegrams dt.22.10.2001 and 24.10.2001 to the Town Planning Authority, containing false allegation that the Kalyana Mandapam had been put up in violation of the approved plan. Complaints were also made after completion of the construction work. The Planning Authority sent a letter dt.24.5.2001 stating that the construction had been going for more than 2 years, that the construction was almost over, and that there was no violation in putting up the construction and therefore the construction could not be stopped. The petitioner suppressed the above facts and filed W.P.No.1859 of 2002 for a direction to the Karaikal Town Planning Authorities to remove the alleged illegal construction made, violating the Country Planning and Regulations. On 31.1.2002, this Court passed an order directing the Member-Secretary, Karaikal Town Planning Authority, to inspect the premises and dispose of the representation made by the writ petitioner within four weeks from the date of receipt of a copy of the order. On 26.3.2002, the Planning Authority sent a communication to the petitioner informing him that a reply would be furnished within seven days in consultation with the Committee Members. Without awaiting the reply, the petitioner filed O.S.No.26 of 2002 before the Additional District Judge, Karaikal, for a mandatory injunction, directing the Karaikal Town Planning Authorities to remove the construction alleged to be in deviation of the approved plan. The Additional District Judge, Karaikal, without considering the bar of Civil Court's jurisdiction provided under Section 75 of the Pondicherry Town and Country Planning Act, 1959, entertained the suit, and on the very same day passed orders in I.A. 80 of 2002, granting an order of injunction restraining the Town Planning Authorities from giving 'No Objection Certificate' for running the Kalyana Mandapam. The fifth respondent approached this Court in CRP No.858 of 2002 under Article 227 of the Constitution of India for striking off the suit as an abuse of process of Court. The Civil Revision Petition was allowed on 2.12.2002 and the suit was struck-off on the same day. Immediately thereafter, on 16.12.2002, the present writ petition has been filed with an ulterior motive. While the main prayer is for a relief preventing the fifth respondent from playing microphone in respect of private temple located at Door 64, Nehru Street, Karaikal, the interim injunction is sought for against installation of microphone and also public address system in the entire premises at Door No.64, Nehru Street. This would clearly prove the intention of the petitioner to prevent the fifth respondent from making use of his lawfully constructed premises as a Kalyana Mandapam. Subsequent to the disposal of the Civil Revision Petition, the Town Planning Authorities, Karaikal, have given 'No Objection Certificate' for running a Kalyana Mandapam at No.62, Nehru Street, Karaikal. The fourth respondent is going to provide the fifth respondent a power supply service connection to the Kalyana Mandapam shortly. At this stage, taking advantage of the blanket interim order obtained from this Court, the writ petitioner is giving a wide publicity in Karaikal region that the fifth respondent has been prevented from using mike and loudspeakers in OM SAKTHI THIRUMANA MANDAPAM. Based on this, the persons who have already reserved the petitioner's Kalyana Mandapam for performing marriages, are making enquiries and contemplating to change the venue. Earlier in M.C.No.158 of 2001, the first respondent by order dt.31.12.2001 held that there was no public nuisance in the grant of permission to the fifth respondent by the second respondent herein to use loudspeakers for Amman Temple from 16.12.2001 to 16.1.2003 between 6.00 and 7.30 hrs., and instructions were given to the fifth respondent to follow the timings and lessen the volume of the loudspeakers. The second respondent was also directed to keep a vigil on the fifth respondent and see that he followed the timings and reduction of sound in blaring the loudspeakers. The fifth respondent has followed the instructions given to him by the first respondent. Thereafter, there was no complaint at all. Though, originally the fifth respondent had not obtained sanction in the planing permission for construction of a small worship place near the Kalyana Mandapam while construction was going on, he thought of constructing an Amman Temple measuring 4' x 10' near the Kalyana Mandapam, so that people performing their marriages could have their prayer before the Amman at the time of marriages. The fifth respondent also subsequently applied for the revised plan showing the temple, and the same also has been approved. The fifth respondent is not at all interested in playing music in the private temple and so, he need not apply for permission from respondents 2 to 4 for the purpose of playing microphone in the private temple. If at all such a permission is required, he will apply for the same after obtaining necessary direction from this Court. He undertakes that he will not apply for permission from respondents 2 to 4 for the purpose of playing microphone in the private temple, within the premises bearing Door No.64, Nehru Street, Karaikal, Union Territory of Pondicherry, and this could be recorded by this Court. There are no merits in the writ petition and the same may be dismissed.