This public interest litigation is seeking, under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the competent authorities to take appropriate and immediate action in the matter against the 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, within a time frame fixed by the Court.
The appellant claims that 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 counter affidavit filed by the Additional Chief Environmental Engineer, Tamil Nadu Pollution Control Board, amply shows that the noise arising from the activities of the Church, ie., singing songs/sermons/prayers using song drums and other musical interments with box speakers, exceeded the prescribed noise level. The Court, after the respondents statement that in future, the noise level will be controlled and it will not exceed the prescribed standard, held that if in the future there is any violation of the Noise Pollution (Regulation and Control) Rules, 2000, and the noise level exceeds the prescribed standard, the Pollution Control Board or the prescribed authority/authorities shall take appropriate action to reduce the noise level by enforcing the Rules.