Court directs to publish Notices at Uduwe Thera's residence

By Shehan Chamika Silva

Following the report made by the court fiscal about the failure of handing over the summons to the respondent, Ven. Dhammaloka Thera, Colombo Additional Magistrate Dulani Amarasinghe directed the fiscal today to publish the notices around the place where respondent resides.

Earlier the court noticing the respondent directed fiscal to hand over summons to the Thera.

However, the fiscal had reported that he could not find the Thera to hand over the summons. Thereby the magistrate directed the fiscal to follow the substitute procedure in noticing the respondent.

Subsequently the consideration on the personal complaint (lawsuit) filed against Ven. Uduwe Dhammaloka Thera in Colombo Chief Magistrate's Court earlier by four complainants on the allegation of high noise levels sustained by the residents living around the Alan MathiniyaramayaTemple in Polhengoda due to the   Loudspeakers operated by the temple, was postponed for January 3 by the magistrate.

Earlier the Magistrate also made a conditional order on the respondent to restrain from amplifying high level of noises using loudspeakers between 5 am to 6 am in the morning at Alan Mathiniyaramaya Temple in Polhengoda.

Complainants (residents) alleged that the exposure to such high level of noises constituted a health risk and there were sufficient scientific evidence to prove that danger, and there by requested the Court to impose an appropriate order to prevent the Temple being continuously amplifying such high level of noises. The Complainants alleged that such high levels of noise amplifications had afflicted their physical and mental life in a disruptive manner.

In the Complaint, the residents said that they had on several times informed certain authorities and the chief incumbent of the temple, Dhammaloka Thera about the difficulty that they had to undergo, yet no actions were taken.

Complainants, Gavinda Jayasinghe, Dr Kalinga Kaluperuma, Diren R. Halok, Milinda Moragoda and Kamalesh Johnpillei had filed the personal case citing Ven. Dhammaloka thera as the defendant, in line with the section 98(1) of the Criminal Procedure Code seeking a court order for removal of the nuisance.

This personal case was filed under section 136 of the Criminal Procedure Code where people are permitted to file complaints directly to a Magistrate without the prosecution.