IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 36272 of 2007(R) --------------------------------- PETITIONER(S): ------------------- 1. MOHANRAJ, S/O J. DAVID, AGED 42 YEARS, R/AT MOHAN HOUSE, VANDIPERIYAR P.O., PEERMADE TALUK, MANJUMAL VILLAGE, IDUKKI DISTRICT. 2. BASIL T.B, S/O BABY, AGED 31 YEARS, R/AT THAMARAVAYALIL HOUSE, CHAMPAKAPPARA, PALLIKKANAM P.O., KALKOONTHAL VILLAGE, IDUKKI DISTRICT. 3. K.S.ASHARAF, S/O KAREEM, AGED 37 YEARS, R/AT KUNJANPARAMBIL HOUSE, VENGALLUR, THODUPUZHA, IDUKKI DISTRICT. 4. VIJAYAKUMAR K.K., S/O KRISHNANASARI, AGED 48 YEARS, R/AT PUTHENVEEDU, NEDUMKANDAM P.O., IDUKKI DISTRICT. 5. SABU K.JOSEPH, S/O JOSEPH K.M., AGED 40 YEARS, R/AT KOCHUTHOTTATHIL HOUSE, VALIAKANDOM, KATTAPPARAN, IDUKKI DISTRICT. 6. RAJAN O.V., S/O VARGHESE, AGED 51 YEARS, R/AT VETHOMPARAMBIL HOUSE, KATTAPPANA VILLAGE, UDUMBANCHOL TALUK, IDUKKI DISTRICT. 7. U.N.CHANDRASHEKARAN NAIR, S/O NARAYANAN NAIR, AGED 50 YEARS, R/AT KIZHAKKEL HOUSE, MANAKKADU P.O., THODUPUZHA, MANAKKADU VILLAGE, IDUKKI DISTRICT. 8. K.M.ASHRAF, S/O KANICHATTU MOHAMMED, AGED 33 YEARS, R/AT KANICHATTU HOUSE, VANNAPPURAM P.O., THODUPUZHA. 9. ANSAR, S/O KARIM AGED 37 YEARS, R/AT MUNDACKAL HOUSE, 24/209, THODUPUZHA, IDUKKI DISTRICT 10. SHAJU, S/O THANKAPPAN, AGED 34 YEARS, R/AT KONNACKAMALPPARA, H.NO.2/117 THODUPUZHA, IDUKKI DISTRICT. 11. K.M.PAREETH, S/O MEERAN HAJI, AGED 37 YEARS, R/AT 173, KARIKULAM PUTHENPURA 12, MANNAKANDOM, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADVS. SRI.TOM JOSE SMT.GEETHA JOB(OZHUKAYIL) SMT.J.SHEEBA RESPONDENT(S): -------------------- 1. STATE OF KERALA, R/BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, IDUKKI DISTRICT, PAINAVU, IDUKKI. 4. THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA, IDUKKI DISTRICT. 5. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, PAINAVU, IDUKKI. 6. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. R1 TO R5 BY GOVT.PLEADER SRI. DILEEP MOHAN R6 BY ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POL.C.BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS. WPC NO.36272/2010 ( R ) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF CIRCULAR DATED 07/01/1993 ISSUED BY THE 2ND RESPONDENT TO ALL SUPDTS. OF POLICE IN THE STATE. P2: COPY OF THE NOISE POLLUTION (REGULATION AND CONTROL) RULES 2000. P3: COPY OF THE JUDGEMENT DATED 03/07/2001 IN O.P.NO.19310/2001. P4: COPY OF THE COMMON JUDGEMENT DATED 04/10/2001 IN W.A.NO.3125 OF 2001 AND O.P.NO.18197 OF 2001. P5: COPY OF THE GOVT. NOTIFICATION NO.G.O.(P) 64/2002 DATED 20/04/2002. P6(a) COPY OF MIKE SANCTION SOUGHT BY SAJAN ANTONY BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA DATED 29/01/2007. P6(b) COPY OF APPLICATION FOR MIKE SANCTION LICENSE SUBMITTED BEFORE THE 4TH RESPONDENT BY ONE GIRISH KUMAR DATED 07/02/2009. P6(C) COPY OF MIKE SANCTION APPLIED BY THE 1ST PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA DATED 09/04/2007. P7: COPY OF THE REPRESENTATION PREFERRED BY THE SECRETARY OF THE 1ST PETITIONER ASSOCIATION BEFORE THE RESPONDENTS. P8: COPY OF THE REPRESENTATION PREFERRED BY THE SECRETARY OF THE 1ST PETITIONER ASSOCIATION BEFORE THE RESPONDENTS DATED 14/01/2007. P9: COPY OF THE REPRESENTATION PREFERRED BY THE SECRETARY OF THE 1ST PETITIONER ASSOCIATION BEFORE THE RESPONDENTS DATED 01/06/2007 WITH ITS ENGLISH TRANSLATION. P10: COPY OF THE NEWS REPORT PUBLISHED IN THE NEW INDIAN EXPRESS DAILY DATED 27/03/2007. WPC NO.36272/2010 ( R ) P11: COPY OF THE JUDGEMENT DATED 25/09/2007 OF THE HON'BLE HIGH COURT OF KERALA IN WPC.NO.25482 OF 2007. P12: COPY OF REPRESENTATION DATED 22/11/2007 PREFERRED BY THE PTITIONERS BEFORE THE RESPONDENTS. P13: COPY OF APPLICATIONS PREFERRED BY THE PETITIONER DATED 10TH JULY, 15TH JULY, 23RD JULY, AND 25TH JULY. P14: COPY OF THE ORDER DATED 25/08/2009 IN I.A.NO.9943/2009 IN WPC.NO.36272/2007OF THE HON'BLE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS : NIL. /TRUE COPY/ P.A. TO JUDGE SVS. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.36272 of 2007 (R) --------------------------------- Dated, this the 31st day of August, 2010 J U D G M E N T The petitioners claim that they are engaged in the business of providing loud speakers and public address systems on lease. Their grievance is that as and when they make applications for using sound system, such applications are not accepted by the respondents, placing reliance on the provisions of the Noice Pollution (Regulation and Control) Rules, 2000 and the executive orders governing the field. It is in these circumstances, this writ petition has been filed praying for a direction to the respondents to accept their applications as and when made, and grant permit enabling them to use the sound system. 2. Obviously, consideration of application and grant of permit to use sound system are matters governed by the Rules referred to above and executive orders issued, and therefore, if as and when applications are made to the designated authority, such authority is obliged to accept the application and deal with the same WP(C) No.36272/2007 -2- in accordance with law. Therefore, leaving it open to the petitioners to make applications to the designated authority and directing that in the event such applications, complete in all respects, are made, the same will be dealt with in accordance with law, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg