Kerala High Court
Syed Alavi Koya vs The Sub Inspector Of Police on 5 April, 2013
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY,THE 20TH DAY OF JUNE 2014/30TH JYAISHTA, 1936
WP(C).No. 23131 of 2013 (N)
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PETITIONER(S):
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1. SYED ALAVI KOYA,AGED 33 YEARS,
S/O.SAID MOHAMMED HAJI, ATHIKAVIL HOUSE,
KUMMINIPARAMBU, PALLIKKAL VILLAGE,
ERANADU TALUK,MALAPPURAM DISTRICT.
2. AHAMMED KOYA, AGED 44 YEARS,
S/O.MUHAMMED KUTTY,KANNANARI HOUSE,
KUMMINI PARAMBU,PALLIKKAL VILLAGE,
ERANADU TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.SIRAJ KAROLY
RESPONDENT(S):
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1. THE SUB INSPECTOR OF POLICE,
KARIPOOR, MALAPPURAM DIST., PIN -676 552.
2. CIRCLE INSPECTOR OF POLICE,
KONDOTTY, PIN - 673 638.
3. DEPUTY SUPERINTENDENT OF POLICE,
MALAPPURAM, PIN - 676 505.
4. DISTRICT SUPERINTENDENT OF POLICE,
MALAPPURAM, MALAPPURAM DISTRICT,
PIN -676 858.
5. REVENUE DIVISIONAL OFFICER,
TIRUR, MALAPPURAM - 676 505.
6. ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, MALAPPURAM - 676 505.
7. NAUFAL SAQUAFI AL-AZHARI THAVANOOR,
S/O.KOZHIKODEM MUHAMMED MUSLIYAR, PRINCIPAL,
IHYAU SAKHAFATHISUNNIYA COLLEGE,
KUMMINIPARAMBU,KONDOTTY - 676 014.
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WP(C).NO.23131/2013
8. M.MOHAMMEDKUTTY,S/O.ABDULLAKUTTY,
AZHUVALAPPIL HOUSE,KUMMINIPARAMBU P.O.,
KONDOTTY, MALAPPURAM - 676 008.
R1 TO R5 BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN
R6 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD
R7 & R8 BY ADV. SRI.K.K.MOHAMED RAVUF
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20-06-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C).No. 23131 of 2013 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1: TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ELECTION
COMMISSION OF THE PETITIONERS.
EXHIBIT P2: TRUE COPY OF THE INTERIM ORDER DATED 05/04/2013 IN WPC.
NO.7849/2013 OF THIS HON'BLE COURT.
EXHIBIT P3: TRUE COPY OF PHOTOGRAPH OF THE FUNCTION USING THE
MICROPHONE CONDUCTED BY THE 7TH RESPONDENT.
EXHIBIT P4: TRUE COPY OF THE ADVERTISEMENT FOR CONDUCTING APROGRAM
AT THE INSTANCE OF THE 7TH RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE REPLY GIVEN FROM THE RESPONDENTS DATED
01/06/2013.
EXHIBIT P5(A): TRUE COPY OF THE REPLY GIVEN FROM THE RESPONDENTS DATED
25/06/2013.
EXHIBIT P5(B): TRUE COPY OF THE REPLY GIVEN FROM THE RESPONDENTS DATED
27/06/2013.
EXHIBIT P5(C): TRUE COPY OF THE REPLY GIVEN FROM THE RESPONDENTS DATED
06/08/2013.
EXHIBIT P5(D): TRUE COPY OF THE REPLY GIVEN FROM THE RESPONDENTS DATED
26/06/2013.
EXHIBIT P6: TRUE COPY OF THE COMPLAINT 3 IN NUMBERS SUBMITTED BY THE
PETITIONERS BEFORE THE RESPONDENTS 04/09/2013.
EXHIBIT P7: TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENTS 1 TO 4
DATED 04/09/2013.
RESPONDENT(S)' EXHIBITS
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EXHIBIT R8(A) TRUE COPY OF THE PERMISSION OBTAINED BY THIS RESPONDENT
DATED 4/4/2013 FROM SUB DIVISIONAL POLICE OFFICER,
MALAPPURAM
EXHIBIT R8(B) TRUE COPY OF THE PERMISSION OBTAINED BY THIS RESPONDENT
DATED, 18/4/2013 FROM SUB DIVISIONAL POLICE OFFICER,
MALAPPURAM
EXHIBIT R8(C) TRUE COPY OF THE PERMISSION OBTAINED BY THIS RESPONDENT
DATED, 5/5/2013 FROM SUB DIVISIONAL POLICE OFFICER,
MALAPPURAM
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WP(C).NO.23131/2013
EXHIBIT R8(D) TRUE COPY OF THE PERMISSION OBTAINED BY THIS RESPONDENT
DATED, 2/6/2013 FROM SUB DIVISIONAL POLICE OFFICER,
MALAPPURAM
EXHIBIT R8(E) TRUE COPY OF THE PERMISSION OBTAINED BY THIS RESPONDENT
DATED, 30/6/2013 FROM SUB DIVISIONAL POLICE OFFICER,
MALAPPURAM
EXHIBIT R8(F) TRUEC OPY OF THE PERMISSION OBTAINED BY THIS RESPONDENT
DATED 1/9/2013 FROM SUB DIVISIONAL POLICE OFFICER,
MALAPPURAM
EXHIBIT R8(G) TRUE COPY OF THE REPRESENTATION SUBMITTED BY 412
RESIDENTS IN THE AREA WHERE THE RELIGIOUS FUNCTION IS
CONDUCTING
/TRUE COPY/
P.A.TO.JUDGE
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A.M.SHAFFIQUE, J.
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W.P.(C) No.23131 of 2013
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Dated this the 20th day of June, 2014
JUDGMENT
Petitioner challenges the action of 7th respondent in using loud speaker, amplified mike systems etc. on the allegation that the same is causing noise pollution. Counter affidavit is filed by the 8th respondent inter alia submitting that they had obtained permission from the police as required under law for the purpose of using amplified mike system etc. That apart it is contended that the addressing system is being used while conducting certain meetings inside the premises of the mosque. In fact, when daily prayers are to be conducted there is a system of using sound system. Whatever that might be, usage of sound system can be done only with due permission from the statutory authorities including police. If the party respondents have to conduct any W.P.(C) No.23131/2013 2 function inside the mosque using sound system, necessary permission has to be obtained in addition to the permission for using the same at the time of daily prayers. Under such circumstances, I am of the view that the Writ Petition can be disposed of as under.
i) 3rd respondent shall ensure that the 7th respondent is using the sound system for the purpose of prayers in the mosque and for meetings only with due permission from the authority.
ii) If the petitioners have any complaint regarding the noise level on such use of sound system they are at liberty to approach 6th respondent with a complaint, who shall take into consideration the level of noise in the area and issue appropriate directions which shall be complied by 7th respondent as well.
A.M.SHAFFIQUE, JUDGE vdv