Kerala High Court

Kerala High Court

Sree Kannampuzha Thalappoli ... vs Superintendent Of Police on 26 February, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 5924 of 2009(I)
1. SREE KANNAMPUZHA THALAPPOLI AGHOSHA ... Petitioner
Vs
1. SUPERINTENDENT OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. SUB INSPECTOR OF POLICE, CHALAKUDY. For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.S.GOPINATHAN Dated :26/02/2009
O R D E R
P.R. RAMAN & P.S. GOPINATHAN, JJ.
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DATED THIS, THE 26TH DAY OF FEBRUARY, 2009. J U D G M E N T
Raman, J.
Petitioner is the Sree Kannampuzha Thalappoli Aghosha Committee, Chalakudy, represented by its Secretary.
He is aggrieved in that his request Ext.P3 seeking permission to use loud speaker for the conduct of musical
concert by a famous Playback Singer Sri. G. Venugopal and his team, inside the temple compound from 9
P.M. to 11.30 p.m., is rejected by the respondents saying that use of loud speaker or public address system
beyond 10 p.m. is prohibited by Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000.
Aggrieved by the action of the respondents, he has approached this Court.
2. We have heard the learned counsel for the petitioner and the learned Government Pleader appearing on
behalf of the respondents. The learned counsel appearing for the petitioner, during the course of argument, has
produced an order G.O.(MS) No. 11/2005/Home dated 7.1.2005, of the Government, authorizing police
authorities to permit the use of loud speakers/public address system till 12 p.m. if necessary. As per the said
Order, the Director General of Police, Thiruvananthapuram is directed to make necessary amendments in the
notification in that regard with WP(C) 5924/2009 :2: immediate effect. As a matter of fact, the said
notification was brought to the notice of this Court by the learned Government Pleader as noticed in Pavithran
v. District Superintendent of Police (2005 (1) KLT 650). In the light of the above Government Order, police
authorities can grant permission to use loud speaker till 12 p.m.
Sree Kannampuzha Thalappoli ... vs Superintendent Of Police on 26 February, 2009
Indian Kanoon - http://indiankanoon.org/doc/1155620/ 1
3. Having due regard to the fact that only a music concert is arranged on 28.2.2009 in connection with the
local religious festival, we find that there is force in the contention of the petitioner that the refusal of his
request by the authorities is without taking into consideration of the above Government Order.
In the circumstances, we direct the Superintendent of Police, Thrissur, to reconsider the matter for the grant of
necessary permission till 11.30 p.m. on 28.2.2009 for use of loud speaker for the musical concert. Petitioner
may produce a copy of this order before the Superintendent of Police for information and compliance. The
writ petition is disposed of as above. (Issue emergent copy)
P.R. RAMAN, JUDGE.
P.S. GOPINATHAN, JUDGE.
KNC/-
Sree Kannampuzha Thalappoli ... vs Superintendent Of Police on 26 February, 2009
Indian Kanoon - http://indiankanoon.org/doc/1155620/ 2