Kerala High Court
Muhammed Ashraf vs The Deputy Superintendent Of Police on 29 July, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 29TH DAY OF JULY 2019 / 7TH SRAVANA, 1941
WP(C).No.11418 of 2019
PETITIONER/S:
MUHAMMED ASHRAF,
AGED 40 YEARS,
S/O.MOIDEEN, SECRETARY, MIFTHAHUL HUDA MADRASSA
SANGAM, REG.NO.224/1990, MOONNIYOOR SOUTH, PARAKKAV,
MALAPPURAM, PIN-676311.
BY ADV. SRI.R.RAMADAS
RESPONDENT/S:
1 THE DEPUTY SUPERINTENDENT OF POLICE,
MALAPPURAM, PIN-676504.
2 THE SUB INSPECTOR OF POLICE,
TIRURANGADI, MALAPPURAM DISTRICT, PIN-676311.
3 O.P.MUNEER,
S/O.MOIDEEN, OLAPILAN HOUSE, MOONNIYYOR SOUTH,
TIRURANGADI, MALAPPURAM DISTRICT, PIN-676311.
*4 *ADDL R4, KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS SENIOR, ENVIONMENTAL ENGINEER,
MALAPPURAM, PIN-676 505
*ADDL R4 IS IMPLEADED AS PER ORDER DATED ON 1-07-2019
IN IA 1/2019.
R1 & R2 VT SMT.VINITHA.B,GOVERNMENT PLEADER
R3 BY SRI. P.M.ZIRAJ, SC
ADDL.R4 - SRI.NAVEEN.T,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.11418 of 2019 2
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
"a) Call for the records of the case leading upto Ext.P6 and to quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.
b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to grant necessary permission to the petitioner for using loudspeakers in the meeting scheduled to be held on 19.05.2019 and
02.06.2019 for conducting religious classes and prayer meeting.
c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioners may pray from time to time."
2. Going through the pleadings and the relief sought for by the petitioner it is clear that, the subject issue has virtually become infructuous. However, learned counsel appearing for the petitioner submitted that, twice in a month, the religious teachings and prayers are taking place in the WP(C).No.11418 of 2019 3 institution conducted by the petitioner and the petitioner is prepared to submit suitable application in accordance with the provisions of the Noise Pollution (Regulation and control) Rules 2000, before the 1st respondent, and direction may be issued to consider the application in accordance with law.
3. A statement is filed for and on behalf of the 1st respondent as well as a reply affidavit is filed by the petitioner. However, I am not proposing to traverse through the same, in view of the limited nature of order I propose to pass.
4. Having heard respective counsel across the Bar and perusing the pleadings and the documents on record, petitioner is given the liberty to file suitable application in accordance with the Rules specified above, before the 1st respondent, who shall consider the same in accordance with law and take a decision at the earliest possible from the date of receipt of a copy of the application, and at any rate, within two weeks from the date of submission of the application, after hearing the petitioner as well as the 3rd respondent.
5. I also make it clear that, if and when permission is granted for use of the microphones, the WP(C).No.11418 of 2019 4 1st and 2nd respondents shall ensure that the directions and conditions contained in the order are scrupulously followed by the petitioner in accordance with law.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY JUDGE uu 29.07.2019 WP(C).No.11418 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LICENSE DATED 6.10.2018 ISSUED BY THE 1ST RESPONDENT FOR USING LOUDSPEAKERS.
EXHIBIT P2 TRUE COPY OF THE LICENSE DATED 29.10.2018 ISSUED BY THE 1ST RESPONDENT FOR USING LOUDSPEAKERS.
EXHIBIT P3 TRUE COPY OF THE LICENSE DATED 3.12.2018 ISSUED BY THE 1ST RESPONDENT FOR USING LOUDSPEAKERS.
EXHIBIT P4 TRUE COPY OF THE LICENSE DATED 10.1.2019 ISSUED BY THE 1ST RESPONDENT FOR USING LOUDSPEAKERS.
EXHIBIT P5 TRUE COPY OF THE LICENSE DATED 8.2.2019 ISSUED BY THE 1ST RESPONDENT FOR USING LOUDSPEAKERS.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 29.3.2019 ISSUED BY THE 1ST RESPONDENT.