IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10074 of 2010(H) -------------------------- PETITIONER: --------------- SUDHIN.C.M., PRESIDENT, VAMAL BROTHERS, P.O.NETTUR, KODUVALLY, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KANNUR. 2. SUB INSPECTOR OF POLICE, DHARMADAM, KANNUR DISTRICT. ADDL.R3 IMPLEADED: ADDL.R3: DEPUTY SUPERINTENDENT OF POLICE, THALASSERY, KANNUR DISTRICT. (ADDL.R3 IMPLEADED AS PER ORDER DATED 30.3.2010 IN I.A.No. 4646/10 IN W.P. (C)No.10074/10) BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.10074 OF 2010 ----------------------------------------------------- DATED THIS THE 30th DAY OF MARCH, 2010 J U D G M E N T The petitioner is the President of 'Vamal Brothers', who proposes to conduct a Ganamela on 22.4.2010 in connection with the festival in Chirakkakavu Bhagavathi Temple. The petitioner had approached the Sub Inspector of Police for permission to use amplifier, loudspeaker, etc. for conducting the musical concert. On the refusal to get the permission, this Writ Petition has been filed. 2. It is pointed out that the musical concert is to be performed from 7 p.m. to 10 p.m. in connection with the festival. The permission sought for is to use loud speaker and amplifier. Exhibit P2 is the application. It is pointed out that the 2nd respondent endorsed on Exhibit P2 application requesting the Deputy Superintendent of Police not to grant permission. 3. The petitioner has produced Exhibits P5(a) and P5(b),which are copies of programme notices regarding musical concerts conducted in the nearby places during the month of February and March, 2010. It is therefore submitted that the refusal to grant permission is arbitrary and discriminatory. W.P.(C)No.10074/10 -2- 4. The learned Government Pleader has filed a statement on getting instructions from the respondents. What is emphasised therein is that after giving the application and after handing it over to the Circle Inspector of Police, the complainant did not turn up at the Office of the Circle Inspector of Police. The Deputy Superintendent of Police, Thalassery analysed the series of murder and other law and order situations experienced by the society in the past year in Thalassery Sub Division and found that many of such incidents started with simple incidents. It is also stated that often such incidents happen during festival days. Details of various previous incidents have been shown in paragraph 4 of the statement. It is further pointed out that this year no such incident has happened, due to the strict control imposed by the police in granting stage programme. Therefore a stand is taken that the permission is refused solely due to the apprehension of breach of peace. 5. The learned counsel for the petitioner submitted that the apprehension of any violent incident cannot be justified in the light of the festivals peacefully conducted in the nearby places based on permissions granted. No untoward incidents have been reported also. It is also submitted that the petitioner will give an undertaking that he W.P.(C)No.10074/10 -3- will compensate anybody if any damages are sustained. 6. This Court will not be justified in going deep into the issue. It is for the competent Officers to take an appropriate decision. It is upto any of the superior officers to consider the entire aspects. There will be a direction to the 1st respondent to consider all aspects with regard to the request for sanction for permission to conduct the musical concert to the petitioner and the 1st respondent will take appropriate decision at the earliest, at any rate, within a period of 10 (ten) days from today. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn