SHEKHARA.A v. THE DISTRICT COLLECTOR
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE ALEXANDER THOMAS
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-02-17. SHEKHARA.A v. THE DISTRICT COLLECTOR. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941 WP(C). No. 339 OF 2020(N) PETITIONER: SHEKHARA. A AGED 63 YEARS S/O. THIRKAN,ADRUKUZHI HOUSE, EDNEER P. O. , KASARGOD- 671 541 BY ADV. SRI. SAJU J PANICKER RESPONDENTS: 1 THE DISTRICT COLLECTOR CIVIL STATION, KASARGOD-671 123 2 THE DISTRICT POLICE CHIEF, KASARGOD-671 124 3 THE DEPUTY SUPERINTENDENT OF POLICE, KASARGOD-671 124 4 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,KASARGOD-671 315 5 THE SUB INSPECTOR OF POLICE, VIDYANAGAR POLICE STATION, KASARGOD-671 124 OTHER PRESENT: T. NAVEEN SC, K. J. MANU RAJ G. P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17. 02. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C)No. 339/2020 2 ALEXANDER THOMAS, J. ------------------------------------------- W. P. (C)No.
339 of 2020 ----------------------------------------------th Dated this the 17 day of February, 2020 JUDGMENT The prayers in the above Writ Petition (Civil) are as follows:- rd “i. To issue a writ of mandamus, order or direction, directing the 3 respondent to take appropriate legal action against the Yuvasakthi club for beating the drum and other musical instruments in sound exceeding the limit prescribed in Noise Pollution (Regulation and control) Rules, 2000. rd ii. To issue a writ of mandamus, order or direction, directing the 3 respondent to prohibit the use of drum and other musical instruments in sound exceeding the limit prescribed in Noise Pollution (Regulation and Control) Rules, 2000 which is causing serious menace to the people residing in the locality. rd iii. To issue a writ of mandamus, order or direction, directing the 3 respondent to consider Ext. P9 complaint filed by the petitioner as expeditiously as possible within a time limit prescribed by this Hon'ble court.
rd iv. To issue a writ of mandamus, order or direction, directing the 3 respondent to control the use of drum and other musical instruments within the limits prescribed in Noise Pollution (Regulation and control) Rules, 2000 and to prohibit its use during the night time. ” 2. Sri. Saju J. Panciker, learned counsel appearing for the petitioner would submit on the basis of instructions of his party that the petitioner has been advised to file a fresh comprehensive Writ Petition (Civil), after impleading the respondents in Ext. P7 proceedings as respondents in the writ petition, and his necessary pleadings and prayers against them etc. , and liberty may be given to the petitioner to withdraw the present writ petition for filing such fresh writ petition etc. W. P. (C)No. 339/2020 3 Liberty is accorded to the petitioner to work out his remedies in the manner known to law. With the said liberty, the above Writ Petition (Civil) will stand dismissed as withdrawn.
Sd/- ALEXANDER THOMAS, JUDGE acd APPENDIX PETITIONER'S/S EXHIBITS: THE TRUE COPY OF THE COMPLAINT DATED 15. 10. 2016 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT THE TRUE COPY OF THE COMPLAINT DATED 5. 04. 2019 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT TRUE COPY OF THE APPLICATION FILED UNDER THE RIGHT TO INFORMATION ACT AND THE ANSWER GIVEN BY THE 2ND RESPONDENT TRUE COPY OF THE APPLICATION FILED UNDER THE RIGHT TO INFORMATION ACT AND THE REPLY GIVEN TO THE APPEAL THE TRUE COPY OF THE LETTER DATED 27. 04. 2019 ISSUED BY THE 4TH RESPONDENT TO THE ASSISTANT SUPERINTENDENT OF POLICE , KASARGOD THE TRUE COPY OF THE LETTER DATED 25. 04. 2019 ISSUED BY THE ASSISTANT SUPERINTENDENT OF POLICE, KASARGOD THE TRUE COPY OF THE REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, KASARGOD BY THE ASSISTANT SUPERINTENDENT OF POLICE KASARGOD THE TRUE COPY OF THE COMPLAINT DATED 22. 11.
2019 FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER THE TRUE COPY OF THE COMPLAINT DATED 22. 11. 2019 FILED BEFORE THE THE ASSISTANT SUPERINTENDENT OF POLICE, KASARGOD
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.