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2026 DAILYLAW 28096 (AP)

Thumma Narasimha Rao v. The State of Andhra Pradesh

WP/36837/2025 · 2026-01-04

V Sujatha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010721932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36837/2025 Between: 1. THUMMA NARASIMHA RAO,, S/O LATE SUBRAHMANYAM, AGED ABOUT 70 YEARS, R/O 22- 13-47, AMBEDKAR COLONY, AUTO NAGAR, TIRUPATI.517508. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (MA AND UD), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.522238. 2. TIRUPATI MUNICIPAL CORPORATION, TIRUPATI, TIRUPATI DISTRICT.517501. REP. BY ITS COMMISSIONER. 3. THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT. TIRUPATI.517501 4. THE SUBDIVISIONAL POLICE OFFICER, TIRUPATI SUB- DIVISION, TIRUPATI.517501 5. MASJIDEKOUSAR, AMBEDKAR COLONY. TIRUPATI. 517507. REP. BY ITS IMAM, SHAIK RAFI. 2 VS,J W.P.NO.36837 OF 2025 6. THE STATION HOUSE OFFICER, ALIPIRI PS, TIRUPATI.517507 7. THE ENVIRONMENTAL ENGINEER, AP POLLUTION CONTROL BOARD, TIRUPATI REGION, TIRUPATI.517507 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a WRIT OF MANDAMUS or any other appropriate writ or order or other direction to DECLARE the action of the respondent officials in not considering my representations dated 26.06.2025 and 20.12.2025 requesting to take action against the unauthorized usage of loudspeaker by the 5th respondent without any permission from the respondent authorities, situated closer to my house causing me serious mental agony and environmental pollution, as illegal, arbitrary, violation of Noise Pollution (Regulation and Control) Rules, 2000, besides violation of AP Municipal Corporation Act, 1955 and rules made thereunder, contrary to Articles 14 and 21 of Constitution of India and consequently DIRECT the respondent officials to remove the loudspeaker in the 5th respodent until obtaining a valid pemission, in the interest of justice and pas IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to DIRECT the Respondent officials to consider my representation s dated 26.06.2025 & 20.12.2025 requesting to take action against the unauthorized usage of loudspeaker by the 5th respondent, in the interest of justice pending disposal of the above writ petition and pass Counsel for the Petitioner: 3 VS,J W.P.NO.36837 OF 2025 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR HOME 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 VS,J W.P.NO.36837 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a WRIT OF MANDAMUS or any other appropriate writ or order or other direction to DECLARE the action of the respondent officials in not considering my representations dated 26.06.2025 and 20.12.2025 requesting to take action against the unauthorized usage of loudspeaker by the 5th respondent without any permission from the respondent authorities, situated closer to my house causing me serious mental agony and environmental pollution, as illegal, arbitrary, violation of Noise Pollution (Regulation and Control) Rules, 2000, besides violation of AP Municipal Corporation Act, 1955 and rules made thereunder, contrary to Articles 14 and 21 of Constitution of India and consequently DIRECT the respondent officials to remove the loudspeaker in the 5th respondent until obtaining a valid permission, in the interest of justice...” 2. The petitioner is a senior citizen aged about 70 years and is residing at door No.22-13-47, Ambedkar Colony of Tirupati. The 5th respondent constructed a Masjid beside the petitioner’s house without obtaining any permission as required under law and is using loud speakers in the said Masjid premises. As such, the petitioner submitted a representation on 26.06.2025 to the 2nd respondent requesting to conduct an inspection of the said Masjid and to ban the use of loud speakers beyond the permissible limits, as per the Noise Pollution (Regulation and Control) Rules, 5 VS,J W.P.NO.36837 OF 2025 2000, in order to protect the senior citizens and other residents from noise pollution. However, no orders have been passed on the representation submitted by the petitioner on 26.06.2025. Challenging which, the present writ petition is filed. 3. Heard learned counsel for the petitioner and learned Standing Counsel representing for respondent No.2. 4. As the request made by the learned counsel for the petitioner is to extent of passing appropriate orders on the representation made by the petitioner on 26.06.2025, without of going into merits of the case, the writ petition is disposed of by directing the respondents to consider the representation made by the petitioner on 26.06.2025 and pass appropriate orders and accordingly within a period of two (02) weeks from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date : 05.01.2026 LSP