Kerala High Court
Ummersidhikke vs State Of Kerala on 17 November, 2008
Author: V.Giri
Bench: V.Giri
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27387 of 2008(I)
1. UMMERSIDHIKKE,
... Petitioner
2. BIJU K.V.,KOTTEKATTUKARAN HOUSE
Vs
1. STATE OF KERALA, REP. BY ITS SECRERARY
... Respondent
2. DIRECTOR GENERAL OF POLICE,
3. SUPERINTENDENT OF POLICE, THRISSUR
4. DEPUTY SUPERINTENDENT OF POLICE,
5. UNION OF INDIA, REP. BY THE MINISTRY OF
For Petitioner :SRI.P.SREEKUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :17/11/2008
O R D E R
V.GIRI, J
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W.P.(C).27387/2008
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Dated this the 17th day of November, 2008
JUDGMENT
Petitioners claim to be engaged in the business of renting out loud speakers, sound systems etc. They run their business in Thrissur district. They are aggrieved that respondents 3 and 4 are declining to entertain applications for the use of loud speakers for commercial and advertisement purposes. They have therefore, approached this Court praying the following reliefs:-
(i). Issue a writ of mandamus or any other writ or order directing the respondents 1 to 4 to permit the use of loud speakers and public address system for commercial and advertisement purposes subject to the conditions prescribed in Ext.P1 rules.
(ii). Declare that the refusal to issue permits under rule 5 of P1 Rules for the purpose of commercial and advertisement purposes is unjustifiable and arbitrary W.P.(C).27387/2008 2
2. A statement has been filed by the fourth respondent as directed by this Court. Paragraph 3 and 5 of the said statement read as follows:-
It is a fact that permission for the use of loud speakers for commercial and advertisement purposes are not giving in Thrissur District. Sanctions for the use of loud speakers for all purposes are governed by vide PHQ notification No.U6
- 30380/02 dated 28.11.02 issued in accordance with Noise Pollution (Regulation and Control) Rules, 2000 under the Environment (Protection)Act, 1986 by the Government of India and in accordance with the regulatory functions under Sections 19 and 20 of the Kerala Police Act, 1960.
As it is essential to regulate and control the increasing noise levels in public places from various sources, like industrial activity, constructional activity, generators, loud speakers, public address systems, music systems, vehicular W.P.(C).27387/2008 3 horns and other mechanical devices and this respondent is discharging out the responsibilities with the objective of maintaining the ambient air quality standards in respect of noise and also for ensuring the implementation of laws, Rules, Regulations and notifications related to Environmental Protection.
3. There cannot be a blanket prohibition against the use of loud speakers for commercial and advertisement purposes. Such use would be subject to such conditions as are deemed appropriate by the licensing authority. Therefore, there cannot be a refusal to even consider the applications for use of loud speakers.
4. In the result, writ petition is disposed of directing respondents 3 and 4 to entertain application, if any, submitted by the petitioners and similarly situated persons for the use of loud speakers for commercial and advertisement purposes within the Thrissur District and take appropriate decision thereon, keeping in mind W.P.(C).27387/2008 4 Ext.P1 Rules and subject to such conditions as are deemed fit in that behalf, as per Annexure-R4 notification.
V.GIRI, Judge mrcs