The Court disposed of the writ petition noting the festival was over, clarifying that future permissions for temple sound systems must comply with Ext.P6 rules issued by the Home Department.
The writ petition is disposed of clarifying that future permission to use sound systems in the temple shall be granted only in accordance with Ext.P6 rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 27TH DAY OF NOVEMBER 2019 / 6TH AGRAHAYANA, 1941
WP(C).No.25612 OF 2019(B)
PETITIONERS:
BY ADV. KUM.S.KRISHNA
RESPONDENTS:
W.P.(C) No. 25612 of 2019
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7 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695003, KERALA,
8 THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, HARIPAD GROUP, NEAR KARIMPALILKOYIKKAL KOTTARAM, HARIPAD P O, ALAPPUZHA DISTRICT-690514.
ADDL R9 IS SUO MOTU IMPLEADED AS PER ORDER DATED 25-09-2019.
10 ADDL R10, THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ALAPPUZHA. ADDL R10 IS SUO MOTU IMPLEADED AS PER ORDER DATED 27-09-2019.
R6-8 BY SRI.P.V.KUNHIKRISHNAN, SC, TDB R10 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
OTHER PRESENT:
SMT. VINITHA GP SRI. P.V. KUNHIKRISHNAN SC, TDB SRI. NAVEEN, SC, PCB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 25612 of 2019
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W.P.(C) No.25612 of 2019
JUDGMENT
When this matter was taken up today, it was submitted by the learned counsel for the petitioners that the temple festival referred to in the writ petition is over and the writ petition can, therefore, be disposed of with the rider that permission to use sound systems in future shall be in accordance with Ext.P6 rules.
of the case, I deem it appropriate to dispose of the writ petition as suggested by the learned counsel for the petitioners.
In the result, the writ petition is disposed of clarifying that permission to use sound systems shall be granted in future in respect of the festivals and other functions of the temple referred to in the writ petition only in accordance
with Ext.P6 rules. Sd/-
P.B.SURESH KUMAR JUDGE
ds 27.11.2019
W.P.(C) No. 25612 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE FOLLOW UP MEDICAL RECORDS OF THE WIFE OF THE 1ST PETITIONER ISSUED BY ST.GREGORIOS MEDICAL MISSION MULTI-SPECIALITY HOSPITAL DATED 17.01.2019.
EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT AND THE RECEIPT OF ACKNOWLEDGEMENT DATED 09.10.2018. EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 12.10.2018.
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT AND THE RECEIPT OF ACKNOWLEDGEMENT DATED 15.10.2018. EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT DATED 15.10.2018.
EXHIBIT P6 THE TRUE COPY OF THE CIRCULAR NO.U-630380/2002, DATED 28.11.2002 WHICH WAS ISSUED BY THE HOME DEPARTMENT OF KERALA.
EXHIBIT P7 THE TRUE COPY OF THE NAVARATHRI FESTIVAL NOTICE OF THE 5TH RESPONDENT.
RESPONDENT'S EXHIBITS:
ANNEXURE R10(A) TRUE COPY OF THE COMMUNICATION DATED 05.10.2019 ISSUED BY KSPCB
K. MURALEEDHARAN
D. PADMARAJAN
C.V.S. PILLAI
DISTRICT COLLECTOR CIVIL STATION, BESIDE ZILLA PANCHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA
CIRCLE INSPECTOR OF POLICE, HARIPAD POLICE STATION, HARIPAD
SUB GROUP OFFICER, MANIMANGALAM
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
