Disposed

Abdul Rehman v. the District Collector

Kerala HC17 Jan 2020WP(C)/942/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging noise disturbances caused by the annual Chandanakuda Nercha festival. Relying on a police notice issued on 16.01.2020, the Court directed the respondent officials to ensure strict compliance with the notice. However, the directive to prohibit festivities after 10 p.m. was applied prospectively if violations occurred.

What did the court decide?

The petitioner was directed that the police shall ensure strict compliance with the notice of 16.01.2020. If the committee violates the notice, no festivity shall be conducted after 10 p.m. from the n

Abdul Rehman Vs the District Collector — Landlord and Tenant | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941

¶5

WP(C).No.942 OF 2020(P)

¶6

PETITIONER/S:

¶7

ABDUL REHMAN, AGED 65 YEARS, S/O.KHADER, POOTHATTIL HOUSE, MARUTHAYUR P.O., PAVARATTY, THRISSUR DISTRICT680 507.

¶8

BY ADV. SRI.RAJIT

¶9

RESPONDENT/S:

¶10

1 THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR, PIN-680 003.

¶11

2 THE ASSISTANT COMMISSIONER OF POLICE, GURUVAYUR, CHAVAKKAD TALUK, THRISSUR DISTRICT-680 101

¶12

3 THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION, CHAVAKKAD THALUK, THRISSUR DISTRICT-680 507.

¶13

4 ABOOBACKER PUTHATTIL, S/O. U.P.MUHAMMADUNNY, PRESIDENT, CHENTHRAPALLI CHANDANAKKUDAM NERCHA COMMITTEE, MARUTHAYUR CHENDRATHI PALLI, MARUTHAYUR PAVARATTY-680 507.

¶14

5 MOINUDHEEN, S/O. KUNJUMUHAMMED HAJI, SECRETARY, CHENTHRAPALLI CHANDANAKKUDAM NERCHA COMMITTEE, MARUTHAYUR CHENDRATHI PALLI, MARUTHAYUR PAVARATTY-680 507.

¶15

BY SENIOR GOVERNMENT PLEADER, SRI.P.P.THAJUDEEN BY R4 & R5 SRI.K.I.SAGEER

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No.942/2020 2

¶18

JUDGMENT

¶19

Dated this the 17th day of January 2020

¶20

The petitioner, a resident of Pavaratty Panchayath, has

¶21

approached this Court challenging the conduct of Chandanakuda Nercha committee of which respondents 4 and 5 are office bearers. Chandanakuda Nercha is an annual festival associated to a local Jaram, conducted by local mosque along with the local clubs. The petitioner submits that the tranquility and peace of the locality is lost on account of the various programmes conducted along with the festival. The petitioner seeks a direction to the police to ensure that the festivities shall be restricted from 10 p.m. onwards.

¶22

It may be true that such high volume of activities may cause disturbance to the peaceful living in the locality.

¶23

The learned Government Pleader pointed out that the festival is being conducted for the last 85 years and people are coming from different parts of the world to take part in the festival and to observe as well. The learned

¶24

WP(C).No.942/2020 3

¶25

Government Pleader further pointed out that the police has issued a notice on 16.01.2020 regulating the conduct of the festival.

¶26

Having considered the above notice, the police shall ensure strict compliance with the aforesaid notice while conducting the festival. It is made clear that, if there is any violation and the committee is unable to follow the direction in the police notice, the police shall ensure that from next year onwards, no festivity is conducted after 10 p.m.

¶27

The writ petition is disposed of as above.

¶28

Sd/-

¶29

A.MUHAMED MUSTAQUE

¶30

JUDGE

¶31

¶32

WP(C).No.942/2020 4

¶33

APPENDIX

¶34

PETITIONER'S/S EXHIBITS:

¶35

EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 17.12.2018 BEFORE THE 2ND RESPONDENT.

¶36

EXHIBIT P2 TRUE COPY OF THE REPORT DATED 6.1.2019 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE ADDITIONAL DEPUTY COMMISSIONER OF POLICE, THRISSUR CITY.

¶37

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE IST RESPONDENT, DATED 21.12.2019.

¶38

RESPONDENTS EXHIBITS:NIL.

¶39

//TRUE COPY//

¶40

P.A.TO JUDGE

Abdul Rehman v. the District Collector

Case brief

What is this about?

What did the court decide?

Abdul Rehman v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C.Chacko Vs State of Kerala

Joseph Joseph, Vs State of Kerala

Meera R., Vs Mr. Sunilchandran

Stanislavose Dominic Vs v.Prasannakumar

Elsamma Sebastian Vs the State of Kerala

Devassia, Vs the State of Kerala