Kerala High Court
V.Haris vs The Deputy Superintendent Of Police on 7 January, 2014
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 7TH DAY OF JANUARY 2014/17TH POUSHA, 1935
WP(C).No. 258 of 2014 (F)
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PETITIONER(S):
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V.HARIS
PRESIDENT, KOODALI PALLI
THIRUVAL DARUL HUDAMADRASA COMMITTEE, P.O.ELANGOD
PANOOR - 670 692
BY ADVS.SRI.K.V.SOHAN
SMT.SREEJA SOHAN.K.
RESPONDENT(S):
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THE DEPUTY SUPERINTENDENT OF POLICE, TELLICHERRY
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE
R1 BY ADV. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 258 of 2014 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P-1: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER
BEFORE THE
RESPONDENT DT.22.12.2013
EXT.P-2: TRUE COPY OF THE PERMISSION GRANTED BY THE RESPONDENT TO THE
PETITIONER, DT.30.12.2013.
EXT.P-3: TRUE COPY OF THE JUDGEMENT PASSED BY THIS HON'BLE COURT IN
WPC
NO.12082 OF 2010, DT.7.4.2010
RESPONDENT(S)' EXHIBITS
/true copy/
P.S. To Judge.
P.R. RAMACHANDRA MENON, J.
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W.P.(C)No. 258 OF 2014
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Dated this the 7th January, 2014
J U D G M E N T
The petitioner has approached this Court seeking for issuance of a writ of mandamus directing the respondent to relax the norms and grant permission to use the loudspeaker from 6 p.m. to 12 p.m. during the period from 04.01.2014 to 10.01.2014 for conduct of religious and cultural programmes at the place known as Vydiarpeedika canal area in Panoor, Kannur district.
2. The case of the petitioner, as projected by the learned Counsel for the petitioner, is that the petitioner- the President of the concerned Madrassa Committee had sought for permission to use loudspeaker in connection with the foundation stone laying ceremony of the library building and auditorium. Since no positive step was taken, the petitioner was constrained to approach this Court by filing W.P.(C) 12082 of 2010, which was disposed of, as per Ext.P3 judgment, directing the respondent to consider the application for sanction in connection with the programme to be conducted on 10.04.2010 upto 12 p.m. , if W.P.(C)No. 258 OF 2014 2 there was no other compelling situation for not granting permission for conducting the programme, as mentioned above. It is stated that pursuant to the said verdict ( which was only for a particular day), the matter was considered and permission was granted and the event went on smoothly. The learned Counsel points out that construction of the building is complete and in connection with the inauguration of the building, some cultural activities are being conducted . It was in connection with the said programme, that Ext. P1 application was filed before the respondent for permission to use loudspeaker upto 12 pm from 04.01.2014 to 10.01.2014. After considering the said application, permission was given by the respondent vide Ext.P2 order, however confining sanction to use loudspeaker only from 6 p.m upto 10 p.m. This made the petitioner to approach this Court by filing this writ petition seeking to have the norms relaxed by extending time up to 12 p.m.
3. A detailed statement has been filed on behalf of the respondent referring to the facts and events . Paragraph '3' of the said statement reads as follows:
"3. After taking charge of W.P.(C)No. 258 OF 2014 3 Thalassery Sub Division, the respondent analysed the series law and order situations experienced by the society in the past years in Thalassery Sub Division and found that many of such incident started with simple reason. Often such incidents happen during festival days especially from the month of November to April at the place mentioned in the petition. Place at which programme scheduled in the Writ Petition is a communally and politically sensitive area. It is submitted that altogether 13 communal cases (153(A) IPC) were reported from surrounding areas, out of which 4 cases are reported from the place adjacent to the proposed function to be scheduled. Apart from that the Sabarimala pilgrims season is going on. The petitioner sought for mike permission continuously for 7 days upto 12 p.m. On enquiry it is found that the area is dominated by Hindus and RSS is very prominent. Granting mike permission these much time may lead to unpleasant situation. Moreover recently on 02.12.2013, a case in Cr.No.876/13 U/s. 143, 147,148, 454, 427, 153(A) r/w. 149 IPC was reported from Thangalpeedika, nearly 2 Kilo metre from the proposed area which is intended for conducting the cultural programme. During W.P.(C)No. 258 OF 2014 4 this year also the common public fear that there will be problems during the festival days since the situation now within the sub division is highly tense and sensitive. Hence it was decided not to give permission to anybody to conduct cultural programme during festival days after 10 pm, as per the existing orders. If anyone is granted permission others also will demand the same and it will lead to serious law and order issues in that area. It is stated that the permission has not been granted to anybody to conduct any programme after 10 p.m as per the order of Honourable High Court. Our intention was only to curb the activities of the criminals and goondas, who used to exploit such situations in the past years. No such incident happened upto now due to the strict control imposed by the police authorities in granting stage programme in the area found politically sensitive. It is stated that Thalassery Sub Division is highly sensitive in terms of political as well as communal issues, it is requested to strongly object in granting permission for using mike after 10 pm in the area. The writ petitioner is not entitled to get any relief as sought for in the above writ petition"
4. The learned Government Pleader appearing for the W.P.(C)No. 258 OF 2014 5 respondent submits that Ext.P1 application was meticulously considered and the time restriction was imposed, it being a sensitive area and in view of registration of various crimes including under Section 153(A) r/w. 149 IPC. The learned Government Pleader also points out that the proposed spot is very close to the premises where some untoward incidents had occurred earlier, as referred to in the statement, leading to registration of the Crime No.876 /13 under Section 143, 147,148, 454, 427 and 153(A) r/w.149 IPC. It is further pointed out that, it being 'Sabarimala Season', there are chances to have similar requests from different corners, especially when the area is dominated by Hindus and it may lead to law and order situation. .
5. After hearing both the sides, this Court finds that there is considerable force in the submission made by the learned Government Pleader and as such, Ext.P2 order is not assailable under any circumstance.
6. During the course of hearing, the learned Counsel for the petitioner submits that the petitioner might be permitted to use the loudspeaker till 12 p.m. atleast for 'one day' in W.P.(C)No. 258 OF 2014 6 connection with the cultural programme, as aforesaid. This Court leaves it open to the respondent to take a decision on merit, on such a request, taking note of the facts and circumstances prevailing over the area.
The writ petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE lk