IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 28810 of 2007(D) ------------------------------------ PETITIONER(S): ------------------------ SHANKARA NARAYANA MAYYA, PRESIDENT, KERALA VYAVASAYI EKOPANA SAMITHI, BADIADKA UNIT, P.O.PERDDA, KASARAGODE TALUK. BY ADV. MR.P.K.MUHAMMED RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, KASARAGODE. 2. THE SUB INSPECTOR OF POLICE, BADIADKA POLICE STATION, KASARAGODE TALUK. 3. BADIADKA GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, BADIADKA, KASARAGODE. BY GOVERNMENT PLEADER MR.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28810/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE REPRESENTATION FILED BEFORE THE IST RESPONDENT DT. 19.2.07. P2:- COPY OF THE REPRESENTATION DT. 20.2.07 FILED BEFORE THE 3RD RESPONDENT. P3:- COPY OF THE RECEIPTS ISSUED BY 2ND RESPONDENT DT. 19.2.07. P4:- COPY OF THE NEWSPAPER REPORT DT. 7.3.07 APPEARED IN UTHARADESOM MALAYALAM DAILY. P5:- COPY OF THE ( 3 IN NUMBER). TRUE COPY P.S. TO JUDGE TSS P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 28810 OF 2007 ......................................................................... Dated this the 24th March, 2009 J U D G M E N T The prayer in the Writ Petition is for a writ of mandamus to compel the respondents No.1 and 2 to supervise and restrict the sanction/permit for use of loud speakers, strictly in accordance with the guidelines on the subject and also for a direction to consider and dispose of Exts.P1 and P3 representations in accordance with law, after giving an opportunity of hearing to the petitioner . 2. The grievance raised by the petitioner appears to be against indiscriminate use of loud speakers in the bus stand area and nearby premises where various meetings are being held and left uncontrolled by the authorities concerned. The contention of the petitioner is that though he, by virtue of his office as the President of the 'Kerala Vyapari Vyavasayi Ekopana Samithi' brought the grievance to the notice of the respondents, no effective steps have been taken by them so far, which compelled him to approach this court. 3. The grievance projected in the Writ Petition appears to W.P.(C) No. 28810 OF 2007 2 be more or less in the nature of a 'PIL'. Respondents No. 1 and 2 have filed a counter affidavit denying the various averments and allegations, asserting that the police authorities have taken all possible steps to reduce the noise pollution and other necessary measures with regard to granting of permission for conducting meetings as per law. It is also stated that there is absolutely no law and order situation and no complaint has been received from any corner. 4. In the above facts and circumstances, this Court does not find any reason to go into the merits of the case, but for directing the first respondent to consider Ext.P1 representation and to pass appropriate orders thereon. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk