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/-