2022 Supreme(Online)(Ker) 76190
IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAHUL R. – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) 6671/2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 WP(C) NO. 6671 OF 2022 PETITIONERS:
1 RAHUL R.
AGED 28 YEARS S/O RAJAN, USHALAYAM, MANNADI, THUVAYOOR SOUTH P.O, KADAMPANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT- , PIN - 691552
2 RAHUL KRISHNAN AGED 24 YEARS S/O RADHAKRISHNAN, VADEKKATTU VEEDU, MANNADI P.O, KADAMPANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT PIN - 691530
3 VYSAKH V.
AGED 25 YEARS S/O VASUDEVAN PILLAI, THAYYIL VEEDU, MANNADI P.O, KADAMPANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT PIN - 691530 BY ADVS.
MANU RAMACHANDRAN T.S.SARATH R.RAJESH (VARKALA)
SAMEER M NAIR HARSHA SUSAN SAM GEETHU KRISHNAN M.KIRANLAL RESPONDENTS:
1 THE DISTRICT COLLECTOR COLLECTORATE, REVENUE DISTRICT OF PATHANAMTHITTA, PATHANAMTHITTA, PIN - 689645
2 THE ADDITIONAL DISTRICT MAGISTRATE REVENUE DISTRICT OF PATHANAMTHITTA, PATHANAMTHITTA, PIN - 689645
3 THE DISTRICT POLICE CHIEF PATHANAMTHITTA PATHANAMTHITTA DISTRICT, PIN - 689645
4 THE DEPUTY SUPERINTENDENT OF POLICE SUB DIVISIONAL OFFICE OF POLICE, ADOOR, PATHANAMTHITTA, PIN - 691523
5 THE STATION HOUSE OFFICER POLICE STATION OF ENATHU, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691526
6 THE TAHASILDAR TALUK OFFICE, ADOOR PATHANAMTHITTA DISTRICT, PIN - 691523
7 THE VILLAGE OFFICER VILLAGE OFFICE OF KADAMPANAD, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691553 SRI.APPU P S GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 28th day of February, 2022 The petitioners, who are Secretary, President and Member of the Committee formed to conduct Annual Festival in the Madanthara Temple, Mannady Thazhathu P.O, Idayanpalam, Mannady, Kadampanad Village, have approached this Court seeking to direct the 4th respondent to consider Ext.P2 application and grant permission to use loudspeakers within the prescriptions of the Noise Pollution (Regulation and Control) Rules, 2000.
2. The learned counsel for the petitioners submitted that the festival of the Temple is impending and the action of the respondents in not granting Mike Sanction applied under Ext.P2, is illegal and unsustainable.
3. When this writ petition came up for admission today, the learned Government Pleader, on instructions, submitted that the application submitted by the petitioner has already been considered by the competent authority and licence to use eight loudspeakers was granted as per order dated
28.02.2022.
In view of the above, no further orders are required in this writ petition. The writ petition is disposed of recording the said submission.
sd/-
N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 6671/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE OF TEMPLE FESTIVAL, 2022 AT MADANTHARA TEMPLE Exhibit P2 THE TRUE COPY OF THE APPLICATION FOR MIKE SANCTION FILED BY THE 3RD PETITIONER BEFORE THE 4TH RESPONDENT ON
17.02.2022 ALONG WITH ITS RECEIPT Exhibit P3 THE TRUE COPY OF THE REPORT VIDE NO.69/2022 DATED 21.02.2022 SUBMITTED BY
7TH RESPONDENT BEFORE 6TH RESPONDENT Exhibit P4 THE RELEVANT PAGES OF NOTICE OF TEMPLE FESTIVAL AT MADANTHARA TEMPLE OF 2014, 2018, 2019, 2020 Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DATED 21.02.2022 PREFERRED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE NOTICES ISSUED TO PETITIONERS 1 & 2 AS WELL AS THE OWNER OF THE SOUND SYSTEM Exhibit P7 THE LIST OF SERVICES OFFERED BY THE POLICE DEPARTMENT UNDER KERALA STATE RIGHT TO SERVICE ACT, 2012 RESPONDENT’S EXHIBITS NIL