IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 5924 of 2009(I) ------------------------- PETITIONER: --------------- SREE KANNAMPUZHA THALAPPOLI AGHOSHA COMMITTEE, CHALAKUDY, REP. BY ITS SECRETARY, NARAYANAN, AGED 60 YEARS, S/O. DAMODARAN. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE, THRISSUR. 2. CIRCLE INSPECTOR OF POLICE, CHALAKUDY. 3. SUB INSPECTOR OF POLICE, CHALAKUDY. GOV ERNMENT PLEADER SRI. R. LAKSHMI NARAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 5924 OF 2009 = = = = = = = = = = = = = = DATED THIS, THE 26TH DAY OF FEBRUARY, 2009. J U D G M E N T Raman, J. Petitioner is the Sree Kannampuzha Thalappoli Aghosha Committee, Chalakudy, represented by its Secretary. He is aggrieved in that his request Ext.P3 seeking permission to use loud speaker for the conduct of musical concert by a famous Playback Singer Sri. G. Venugopal and his team, inside the temple compound from 9 P.M. to 11.30 p.m., is rejected by the respondents saying that use of loud speaker or public address system beyond 10 p.m. is prohibited by Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000. Aggrieved by the action of the respondents, he has approached this Court. 2. We have heard the learned counsel for the petitioner and the learned Government Pleader appearing on behalf of the respondents. The learned counsel appearing for the petitioner, during the course of argument, has produced an order G.O.(MS) No. 11/2005/Home dated 7.1.2005, of the Government, authorizing police authorities to permit the use of loud speakers/public address system till 12 p.m. if necessary. As per the said Order, the Director General of Police, Thiruvananthapuram is directed to make necessary amendments in the notification in that regard with WP(C) 5924/2009 :2: immediate effect. As a matter of fact, the said notification was brought to the notice of this Court by the learned Government Pleader as noticed in Pavithran v. District Superintendent of Police (2005 (1) KLT 650). In the light of the above Government Order, police authorities can grant permission to use loud speaker till 12 p.m. 3. Having due regard to the fact that only a music concert is arranged on 28.2.2009 in connection with the local religious festival, we find that there is force in the contention of the petitioner that the refusal of his request by the authorities is without taking into consideration of the above Government Order. In the circumstances, we direct the Superintendent of Police, Thrissur, to reconsider the matter for the grant of necessary permission till 11.30 p.m. on 28.2.2009 for use of loud speaker for the musical concert. Petitioner may produce a copy of this order before the Superintendent of Police for information and compliance. The writ petition is disposed of as above. (Issue emergent copy) P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. KNC/-