J MOHANA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner by name J. Mohana ,a resident of Rajaji Nagar 4th Street, Red Hills Road, Villivakkam , Chennai-49, has filed this Public Interest Litigation, seeking for the issuance of a writ of mandamus, directing respondents-1 to 4 to take appropriate and immediate action in the matter against 5th and 6th respondents as per law to control the menace of noise pollution emanating from the Evangelical Church of India at door No. 27/152, Red Hills Road, Rajaji Nagar , Villivakkam , Chennai-49.

(2.) IN the affidavit filed in support of the above petition, it is stated that the house of the petitioner comes within Zone No. 4 and Division/ward No. 62 of the Corporation of Chennai and adjoining her house on the northern and eastern sides, situates the Church run by the 5th and 6th respondents. For the past one year, the sound emanating from the said Church during the time of prayer and other services has reached and surpassed unbearable proportions with the decibel levels of multiple times than the audible level. Further, High Watt Loudspeakers are positioned towards south facing her house. The cacophony of high decibel sounds and the torrential hand claps while rendering the hymns from the said Church literally paralyses every activity of the petitioner and her family members due to the fact that the sound speakers are kept at just 8 feet away from the compound wall of her house. The church also periodically organizes special prayer meetings apart from regular meetings. The church is also conducting marriages, receptions, birthday and other ceremonial functions of its members with the facilities available for cooking and dining. Since the church is situated in the midst of a cluster of residential houses, the noise pollution created in the church premises poses a serious health hazard to the public in general and the family members of the petitioner in particular. The respondents are aware that use of cone speakers has been completely banned and, in spite of the same, the Church still makes use of the cone speakers. She made a representation, dated 12. 01. 2006, to respondents-1 to 4 herein, praying to take appropriate and immediate action in the matter as per law to control the menace of noise pollution emanating from the church of the 5th and 6th respondents. Though respondents-1 to 3 received the same on 18. 01. 2006 and respondents-5 and 6 on 25. 01. 2006 and 23. 01. 2006 respectively, there was no proper action. IN such circumstances, she filed the present Writ Petition.

(3.) IT is seen that as per Rule 2 of the Noise Pollution (Regulation and Control) Rules, 2000, the District Magistrate/police commissioners are empowered to take appropriate action for violation of the said Rules.