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2026 DAILYLAW 70601 (MAD)

S.SHANMUGASUNDARAM v. THE DISTRICT COLLECTOR

WP/5156/2026 · 2026-02-17

P T Asha

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.02.2026 CORAM THE HON'BLE Ms. JUSTICE P.T. ASHA WP No. 5156 of 2026 S.Shanmugasundaram ...Petitioner Vs 1. The District Collector, Erode District. 2. The Revenue Divisional Officer, Erode District. 3. The Tahsildar, Erode District. 4. The Revenue Inspector, Office of the Revenue Inspector, Surampatti, Erode. 5. Chinna Mariyamman Kovil, Rep by its Trustee, A.Kanubbayan, Son of Angamuthu, 13, Adukuparai, Kaikatti Valasu, Erode – 638 107. ..Respondent(s) Prayer: This petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents 1 to 3 to take https://www.mhc.tn.gov.in/judis necessary action, in exercise of the powers conferred under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by removing the illegal cone shaped Loudspeaker being used at the 5th respondent temple situated opposite to the petitioner’s residence at Maglichi Nagar, Adukuparai, Kaikatti Valasu, Erode, by considering the petitioner’s representation dated 14.12.2025. For Petitioner(s): Mr.M.Guruprasad For Respondent 1 to 4: Mr.S.Rajesh Government Advocate Order This petition has been filed for the following relief: “To issue a writ of mandamus, directing the respondents 1 to 3 to take necessary action, in exercise of the powers conferred under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by removing the illegal cone shaped Loudspeaker being used at the 5th respondent temple situated opposite to the petitioner’s residence at Maglichi Nagar, Adukuparai, Kaikatti Valasu, Erode, by considering the petitioner’s representation dated 14.12.2025. 2. The petitioner would submit that he is residing at Magilchi Nagar, Adukkamparai, Kaikatti Valasu, Erode. A Chinna Mariamman Temple (5th respondent) is situated opposite to the petitioner’s residence. Since 20.01.2025, persons associated with the said temple have been continuously https://www.mhc.tn.gov.in/judis operating a cone-shaped loudspeaker at very high volume, allegedly for temple functions, causing severe disturbance to the petitioner and other residents. The loudspeaker is being operated without valid permission from the competent authorities and in violation of the Noise Pollution (Regulation and Control) Rules, 2000. The petitioner made complaints to the Revenue Authorities and the Erode North Police Station on 02.03.2025 and 03.03.2025. Though the police inspected the spot and warned the organizers, the loudspeaker was not removed and the nuisance continued. A written complaint was also given to the Inspector of Police on 07.03.2025. A CSR was registered, but no effective action was taken. The petitioner submitted representations dated 15.04.2025 and 14.12.2025 to the official respondents requesting action. Though internal communications were issued, no effective steps were taken to remove the loudspeaker. Despite repeated complaints and representations, the illegal operation of the cone-shaped loudspeaker continues, causing disturbance to the petitioner and other residents, especially elderly persons and students. Hence, the petitioner has filed the present writ petition seeking a writ of mandamus directing the respondents to take appropriate action and remove the loudspeaker. https://www.mhc.tn.gov.in/judis 3. Heard the learned counsel for the petitioner and perused the materials available on record. 4. Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the case, directs the 3rd respondent to consider and pass appropriate orders on the petitioner’s representation dated 14.12.2025 on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. 17.02.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SRN To 1. The District Collector, Erode District. 2. The Revenue Divisional Officer, Erode District. https://www.mhc.tn.gov.in/judis 3. The Tahsildar, Erode District. 4. The Revenue Inspector, Office of the Revenue Inspector, Surampatti, Erode. https://www.mhc.tn.gov.in/judis P.T.ASHA J. SRN WP No. 5156 of 2026 17.02.2026 https://www.mhc.tn.gov.in/judis