High CourtsSingle Bench(2023) 03 KL CK 0028

Kodimoottil Sree Bhadrakali Temple Trust Represe vs Assistant Commissioner Of Police Office Of Assistant Commissioner Of Police Chathannor, Kollam 691572

High Court Of Kerala · Decided on 2 March 2023

HON’BLE JUDGES
N. Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 7065 Of 2023

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Judgment

9 paragraphs · 406 words

N.Nagaresh, J

1.

The petitioner, who is Secretary of Kodimoottil Sree Bhadrakali Temple Trust, is before this Court seeking to direct respondents 1 and 2 to give adequate and effective assistance to the petitioner and also the members of the Festival Committee for conducting the temple festival from 03.03.2023 to 12.03.2023 peacefully. The petitioner has also sought a direction for considering Ext.P4 application in tune with Ext.P5.

2.

The petitioner contends that the petitioner applied for a licence to operate a loudspeaker within the permissible limit during the temple festival that commences from 03.03.2023 to 12.03.2023. The application was given to the 1st respondent as early as 13.02.2023, since there was no communication from the 1st respondent. The petitioner made enquiries and came to know that the officer concerned is on leave after handing over the charge to the officer at Karunagapally. The omission on the part of the 1st respondent to consider the application is illegal and arbitrary, contends the petitioner.

3.

When this writ petition came up for admission today, Government Pleader submitted that the application for mike sanction submitted by the petitioner stands rejected, as the Pollution Control Board authorities had sought explanation in the matter. A complaint has been received by the District Pollution Control Board, which has sent the complaint to the Parippally Police Station.

4.

I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 and 2.

5.

The petitioner has sought police protection for conducting temple festival from 03.03.2023 to 12.03.2023. Since the temple festival will attract a large number of devotees, it will be only proper that respondents 1 and 2 deploy sufficient police officers for the smooth conduct of the festival.

6.

As far as the application for a licence to operate the loudspeaker is concerned, the petitioner states that so far the petitioner has not been communicated with the order rejecting the application. The petitioner submits that the temple authorities are ready to use the amplifier with power within the permissible limits.

7.

In that view of the matter, if the petitioner approaches the 1st respondent, indicating the type of amplifier that to be used for the conduct of the festival, the 1st respondent-Assistant Commissioner of Police shall consider the same and pass appropriate orders, at the earliest, taking note of the fact that the festival is to start on 03.03.2023.

The writ petition is disposed of as above.