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2005 Supreme(Ker) 806

K.M.JOSEPH
Pavithran – Appellant
Versus
District Superintendent of Police – Respondent


Advocates Appeared:
For the Petitioner: C.P. Peethambaran & R. Dyana.
For the Respondents: Government Pleader (George Mecheril).

JUDGMENT :

K.M. Joseph, J.

The prayer in the Writ Petition is to quash part of the order in Ext.P2 rejecting the request for use of loud speaker from 6 p.m. on 29.1.2005 to 6 a.m. on 1.2.2005 on the occasion of the annual Theyyam Festival. The further prayer is for directing the second respondent to grant permission for using loud speakers from 6 p.m. on 29.1.2005 to 6 a.m. of 1.2.2005.

2. The complaint of the petitioner is that Theyyam is performed in a remote village area and all the people who are the devotees without any objection wanted the loud speaker to be used for conveniently enjoying the cultural programes apart from hearing the Thottampattu and Drum beating. It is stated that this year programmes are consisting of Mimics, Ganamela and Opera of Adhimuthachan to be performed by Thiruvithankoor Nadakavethy, Kottayam. Ext.Pl is the programme notice. Learned counsel for the petitioner submits that Ext.P2 application was made for permission only for three days to the second respondent through the third respondent and the third respondent rejected the application. Learned counsel for the petitioner relies on the decision reported in Forum for the Prevention of Environmental and S




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