Colombo Additional Magistrate Dulani Amarasinghe today advised Ven. Uduwe Dhammaloka Thera to act accordingly to the given conditional court order 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.
Thera was present yesterday in court after being noticed to appear in court over the personal complaint (lawsuit) filed against Him 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 Mathiniyaramaya Temple in Polhengoda due to the Loudspeakers operated by the temple.
Considering the submission made by the counsel appeared for the complainant that the thera did not act accordingly to the court order but continued to amplify high noices from the temple, the Magistrate advised Dhammaloka thera that the religious rituals should be practiced considering the inconvenience could occur to others and without obstructing or harming them.
Subsequently, the court fixed January 24 to file legal and preliminary objections for the respondents over the case.
On an earlier occasion, following the report made by the court fiscal Sarath Jayakodi over the failure to hand over the summons to the respondent, Ven. Dhammaloka Thera, Colombo Additional Magistrate Dulani Amarasinghe directed the fiscal to publish the notices around the place where respondant resides.
The 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.
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.
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