IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 7018 of 2010(B) ------------------------- PETITIONER(S): --------------- KARIMUGAL CULTURAL AND CHARITABLE TRUST, PULLUMALAYIL, KARIMUGAL 682 303, REPRESENTED BY ITS SECRETARY, P.M.MUHAMMED, AGED 55 YEARS, S/O.MOOSA. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.ANILA PETER SMT.BEENA DEVASSY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SUB DIVISIONAL MAGISTRATE, MUVATTUPUZHA. 3. THE STATION HOUSE OFFICER, AMBALAMUGHAL POLICE STATION. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.7018 of 2010 ------------------------------------------------ Dated this the 15th day of March, 2010 JUDGMENT Aggrieved by Ext.P1 a prohibitory order issued by the second respondent this writ petition has been filed. As per prohibitory order, the petitioner is prohibited from functioning prayer hall in the building No.VII/1810 of Vadavucode- Puthencruz Grama Panchayat until further orders. The petitioner has filed Ext.P2 before the second respondent for recalling the order. 2. The respondent has filed a statement as directed by this Court. It is pointed out therein the District Collector, Ernakulam has directed the Revenue Divisional Officer, to issue a stop memo prohibiting the functioning of the prayer hall named Karimugal Cultural and Charitable Trust Library and Prayer Hall No.113 in building No.VII/1810 of Vadavukode Puthencruz Grama Panchayath. This direction has been issued on the basis of report filed by the Commissioner of Police, Kochi vide No.1191/SBC, dated 27/12/2009. There is an allegation of the noise pollution from Karimugal Cultural and Charitable Trust Library and Prayer Hall No.113. It is also mentioned the W.P.(C)No.7018 of 2010 2 Panchayat has also issued permission for using the said building only for residential/commercial purpose. No sanction was accorded for the said building functioning as prayer hall. 3. The learned counsel for the petitioner submitted that prohibitory order has been issued without ascertaining the real facts and without conducting proper enquiry regarding noise pollution. It is pointed out that the petitioners are conducting prayer hall without causing any noise pollution. It is upto the petitioner to invoke remedy to approach the second respondent in the matter as Ext.P1 is only temporary order evidently. Ext.P2 is the copy of the representation filed by the petitioner before the second respondent. The second respondent will take a decision on Ext.P2 after hearing the petitioner. The report if any relied upon by the said respondent will be allowed to be perused by the petitioner. Appropriate decision will be taken within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj