IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 24925 of 2008(P) ------------------------------------ PETITIONER(S): ------------------------- K.ASSAINAR, S/O.VEERANKUTTY, AGED 40 YEARS, KARUVATHIL HOUSE, PALLISSERRY, AMBALAKKADAVU, KALIKAVU, MALAPPURAM DISTRICT. BY ADVOCATE MR.C.K.JAYAKUMAR SMT.E.SHEENA RESPONDENT(S): -------------------------- 1. SUB INSPECTOR OF POLICE, KALIKAVU POLICE STATION, KALIKAVU, MALAPPURAM DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, WANDOOR, MALAPPURAM DISTRICT. 3. DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA. BY GOVERNMENT PLEADER MR. M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24925 of 2008(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF CHALAN DATED 23.8.2007 REMITTED BY THE PETITIONER AT SUB TREASURY. EXT.P2 - TRUE COPY OF PROCEEDINGS DATED 24.8.2007 OF THE 1ST RESPONDENT. EXT.P3 - TRUE COPY OF PROCEEDINGS DATED 25.3.2008 OF THE 1ST RESPONDENT. EXT.P4 - TRUE COPY OF REJECTION ORDER DATED 2.8.2008 ISSUED BY THE 1ST RESPONDENT. EXT.P5 - TRUE COPY OF THE APPLICATION DATED 13.8.2008 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. // TRUE COPY // PA TO JUDGE rhs ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.24925 of 2008 -------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT The petitioner claims that he is a religious person and has been conducting 'Salath' and Duha meeting'. It would appear that he had applied for permission to use mike system in connection with prayers that were held on 23/6/2008 and 31/7/2008. That was rejected vide Exhibit P4 order and it was in those circumstances, this writ petition has been filed. In this writ petition, he seeks a direction to the respondents to grant permission to him to use loud speakers in his premises on the first sunday of every month for conducting religious prayer and speech between 5 p.m to 10 p.m. 2. Learned Government pleader on instruction in this matter submits that there is an allegation that the petitioner is practicing black magic. It is stated that there has been complaints from the general public and there was also protest against the practice of the petitioner. It was in view of these facts that the permission was rejected by Exhibit P4. 3. If as a matter of fact, the petitioner has conducting W.P.(C) No.24925 /2008 2 religious functions only and that too, without causing any disturbance, he should be allowed to use loud speakers. However, taking into account the local protest and other attendant facts, if the respondent considers that the grant of permission could cause social disharmony, it is always open to them to decline the permission. What is required to be done is as and when the petitioner needs use of loud speaker, petitioner will have to apply to the respondents for permission and on receipt of such application, it is open to the respondents to examine the matter in the context of the situation prevailing and pass appropriate orders. Therefore, this court will not be justified in issuing directions as sought for by the petitioner. However, as and when needs the use of loud speakers, it will be open to the petitioner to make an application to the first respondent, in which case, the first respondent shall consider the application and pass appropriate orders. Writ petition is disposed of with the aforesaid directions. ANTONY DOMINIC, JUDGE scm