IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 30094 of 2007(Y) -------------------------- PETITIONERS: ------------ 1. NORTH KERALA SECTION OF SEVENTH-DAY ADVENTISTS, REPRESENTED BY ITS SECRETARY, BENNY JOSEPH, AGED 49 YEARS, S/O JOSEPH, RESIDING AT S.D.A. QUARTERS, THOTTATHIL LANE, THRISSUR-5. 2. THE PRESIDENT, NORTH KERALA SECTION OF SEVENTH-DAY ADVENTISTS, EVERGREEN LANE, MOOSPET ROAD, THRISSUR. 3. THE PRINCIPAL, SEVENTH-DAY ADVENTIST HIGHER SECONDARY SCHOOL, KALOOR, KOCHI-17. BY ADV. SRI.JIJO PAUL SRI.BABU S. NAIR RESPONDENTS: ------------- 1. THE COMMISSIONER OF POLICE, COCHIN. 2. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. ADDL.R4. VELLAYANI SUNDARARAJU, ADVOCATE, HIGH COURT OF KERALA, S/O. M.T. ALBERT, CHAMMINIKODATH HOUSE, KALOOR P.O., KOCHI-17. IS IMPLEADED AS ADDL.R4 AS PER ORDER DTD 29.10.07 IN I.A.NO.14268/07. BY ADV. SRI.VELLAYANI SUNDARA RAJU(PARTY-IN-PERSON) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.30094/2007 APPENDIX PETITIONERS' EXHIBITS: EXT.P1COPY OF THE CERTIFICATE OF AFFILIATION DTD 17.5.79 ISSUED BY THE COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS IN FAVOUR OF 3RD PETITIONER SCHOOL EXT.P2 COPY OF THE REPRESENTATION DTD 9.10.2007 MADE BY THE PETITIONERS BEFORE THE R1 RESPONDENTS' EXHIBITS: EXT.R4(A) COPY OF LR.NO.,17016/03/1998 -F.VII OF MHA DTD 2.7.03. EXT.R4(B) COPY OF G.O.(P)NO.9/2002/HOME DEPARTMENT DTD 16.1.2002. EXT.R4(C) COPY OF LETTER OF THE 1ST PETITIONER D TD 29.12.2003. EXT.R4(D) COPY OF LETTER D TD 30.5.2003 OF INDIA FINANCIAL ASSOCIATION OF 7TH DAY ADVENTISTS . EXT.R4(E) COPY OF REPRESENTATION OF THIS RESPONDEDNT TO THE DISTRICT COLLECTOR /TRUE COPY/ cl K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.30094 OF 2007-G -------------------------------------------------------------- Dated this the 7th day of January, 2008. JUDGMENT Balakrishnan Nair, J: The petitioners have approached this Court alleging that police is harassing them when they are holding prayers in a school hall owned by them. The learned Government Pleader submitted that a complaint filed by the 4th respondent before the District Collector has been forwarded to the police, in which he complained that the petitioners are causing nuisance in the locality. So, the police enquired into it and warned them not to cause any nuisance to the local people. The learned counsel for the 4th respondent submitted that the school premises cannot be converted into a prayer hall without getting permission for the same from the District Collector. Therefore, conduct of the prayer is unauthorised, it was pointed out. 2. In this writ petition we are not concerned with the dispute between the petitioners and the 4th respondent. If the petitioners WPC.NO.30094/2007 . 2 are causing nuisance to the local people by sound pollution using sound amplifier or otherwise, the officers of the police having the rank of Assistant Commissioner or higher rank are competent to take action against the respondents. If the concerned police officer is exercising that power, the petitioners cannot complain that they are being harassed. 3. The learned Government Pleader submitted that the police only enquired into the matter concerning sound pollution. This submission is recorded and the writ petition is closed. We make it clear that we have not expressed any opinion on the dispute between the petitioners and the 4th respondent regarding the right of the petitioners' to hold prayer in the school. K. BALAKRISHNAN NAIR, JUDGE. P.N. RAVINDRAN, JUDGE. cl WPC.NO.30094/2007 . 3 WPC.NO.30094/2007 . 4