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2022 Supreme(Online)(Ker) 78637

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MADANKAVU TEMPLE – Appellant
Versus
THE DISTRICT SUPERINTENDENT OF POLICE – Respondent
WP(C) 11744/2022



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 1ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 WP(C) NO. 11744 OF 2022 PETITIONER:

MADANKAVU TEMPLE EZHUKONE, MADANKAVU, KOLLAM DISTRICT, PIN - 691 505 REPRESENTED BY ITS SECRETARY T.SAJEEV, S/O.THANKAPPAN, AGED 56 YEARS, 'SUJATHA MANDIRAM', EZHUKONE MADANKAVU, KOLLAM DISTRICT - 691 505.

BY ADVS.

PRATHEESH.P ANJANA KANNATH T.S.SREEKUTTY RESPONDENTS:

1 THE DISTRICT SUPERINTENDENT OF POLICE KOLLAM (RURAL), KOTTARAKKARA - 691 506.

2 THE CIRCLE INSPECTOR OF POLICE EZHUKONE, KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691 506.

3 THE DISTRICT ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, USHUS BUILDING, KOLLAM - 69 1001.

BY SMT.VINITHA B-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 1st day of April, 2022 This writ petition is filed seeking the following reliefs:

“i)Issue a writ of mandamus or any other writ order or direction compelling and commanding the respondents 1 and 2 to issue mike sanction to the petitioner for using speaker boxes during day time within the limit of 55dB and use the same during night time within the limit of 45 dB and laos permission to conduct 'Aarattu.

ii)To issue in the nature of mandamus or any other appropriate writ order or direction compelling and commanding the 2nd respondent to consider and pass orders in Ext.P3 representation.”

2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel appearing for the petitioner that the petitioner has submitted Exhibit P3 application for mike sanction for a temple festival.

Without expressing any view on the merits of the matter, there will a direction to the 1st respondent to take up Exhibit P3 and pass appropriate orders on the same after obtaining due reports from respondents 2 and 3. Necessary shall be done at the earliest. The petitioner shall make available a copy of this judgment before the 1st respondent today itself for compliance.

Sd/-

ANU SIVARAMAN JUDGE SSK/01/04 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WP(C) 12469/2016 DATED 31/3/2016.

Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED

24/3/2022 IN WP(C) NO.10033/2022 OF THIS HON'BLE COURT.

Exhibit P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED

30/03/2022.

Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED

14/01/2022 IN WP(C) NO.1390/2022 OF THIS HON'BLE COURT.

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