C H ANANDAN MASTER, S/O LATE SANKARAN AND C M PADMAN, S/O LATE SANKARAN Vs. STATE OF KERALA, REP BY DISTRICT COLLECTOR; CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD AND CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD
LAWS(KER)-2003-3-138
HIGH COURT OF KERALA
Decided on March 06,2003

C H ANANDAN MASTER, S/O LATE SANKARAN AND C M PADMAN, S/O LATE SANKARAN Appellant
VERSUS
STATE OF KERALA, REP BY DISTRICT COLLECTOR; CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD AND CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD Respondents

JUDGEMENT

- (1.) The 8th respondent was running a Cinema Talkies in the name "Aradhana Talkies" in Ward No. III of Villiappally Panchayath. The petitioners who are residing close to the above cinema talkies filed this original petition for directing the respondents 1 to 7 to stop the functioning of the above talkies and to take immediate steps to implement Exts. P4, P8 and P10 and to punish the 8th respondent in accordance with the relevant provisions of law.
(2.) The allegations in the petition briefly are as follows: The 8th respondent started a cinema talkies by name "Aradhana Talkies". The 8th respondent had made basic changes to the sound system resulting intense sound causing pollution and annoyance to the petitioners and other residents of their houses. The sound from the above cinema talkies was causing nuisance to the surrounding public also as the sound emanating was in excess of the prescribed limits. Recently the 8th respondent had changed the location of the urinal and made it close to the house of the petitioners and the same was causing annoyance and pollution, and that the sound emanating from the generator also was causing annoyance to them. Petitioner had a further case that the location of the generator had been shifted without obtaining proper sanction from the competent authorities and it was installed very close to the residence of the petitioners there by the petitioners were put to much hardships. The 8th respondent had not complied with the directions issued by the competent authorities and there by action has to be taken against the 8th respondent for violation of the directions and that the functioning of the talkies also should be stopped.
(3.) Heard the learned counsel for the petitioner, the learned counsel for the Panchayath the 8th respondent, the Standing Counsel for the Pollution Control Board and also the learned Government Pleader.;


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