Sbk Team Represented By ... vs District Collector
2023 Latest Caselaw 3441 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                         WP(C) NO. 9422 OF 2023
PETITIONER/S:

            SBK TEAM REPRESENTED BY SECRETARY, SREEJITH P.A
            AGED 28 YEARS
            S/O ARJUNAN, PAMBINGAL, KAKKASSERYP.O, ELAVALLY,
            THRISSUR, KERALA-, PIN - 680511
            BY ADVS.
            R.DIVAKARAN
            HARIKRISHNAN V.A
            KRISHNENDHU V.B


RESPONDENT/S:

    1       DISTRICT COLLECTOR
            THRISSUR DISTRICT, CIVIL STATION, AYYANTHOLE,
            THRISSUR,, PIN - 680003
    2       CITY COMMISSIONER OF POLICE
            THRISSUR, PATTALAM ROAD, SANKTHAN THAMPURAN NAGAR,
            VELIYANNUR, THRISSUR -, PIN - 680001
    3       STATION HOUSE OFFICER
            PAVARATTY POLICE STATION, THRISSUR DISTRICT, -, PIN -
            680509
    4       SREE AYYAPPA SWAMY TEMPLE
            INDRANCHIRA, KAKKASSERY, THRISSUR DISTRICT-REPRESENTED
            BY TRUST SECRETARY SREEKUMARAN THAMPURAN, THRISSUR - .,
            PIN - 680511

            R1 to R3 BY SMT. RESHMI K.M., SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9422 OF 2023


                                        -2-

                                JUDGMENT

This writ petition is filed by the petitioner seeking the following

reliefs:-

"i) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the 2nd and 3rd respondents to grant permission to conduct Thambolam program for four hours in connection with the Pooram festival in Sree Ayyappa Swamy Temple, Indirachira to be held on 5th April 2023.

ii) Direct the 1 to 3rd respondent to consider Exhibit P3, Exhibit P4, Exhibit P5 and pass appropriate order and allow the petitioner to conduct THAMBOLAM.

iii) And issue such other appropriate relief, which is prayed for by the petitioner during the course of hearing, and which this Honourable Court may deem fit to grant. "

2. According to the petitioner, it is a group of 30 performers /

artists who were living mainly from the income of its performances

during the festival times. It is submitted that the petitioner and their

artists have conducted "THAMBOLAM" in Sree Ayyappa Swamy

Temple, Indranchira, Kakkassery, Thrissur district, for the last several WP(C) NO. 9422 OF 2023

years; however, due to Covid-19, performances could not be conducted

in the temple for the last three years. According to the petitioner, the

temple trust committee decided to conduct the festival and invited the

petitioner and its artists to perform "THAMBOLAM" in the "Pooram",

which is to be held on 05.04.2023, evident from Ext.P1 pamphlet

published by the temple trust committee. The case of the petitioner is

that, even though an application was filed before the Revenue

Divisional Officer / the Police Station to grant permission, same is not

considered. It is thus seeking appropriate directions, this writ petition

is filed.

3. When the matter came up before this Court on 17.03.2023, I

have directed the Government Pleader to get instructions. Learned

Government Pleader, on instructions, submitted that the instruments

that would be employed by the petitioner in the "THAMBOLAM"

would make unbearable sound which can affect the people residing in

the area, the participants in the temple festival as also the elephants

paraded in the festival.

4. In my considered opinion, the issue with respect to the

performance to be made by the petitioner is to be considered by the WP(C) NO. 9422 OF 2023

authority under the Noise Pollution (Regulation and Control) Rules,

2000. The petitioner has no case that petitioner has approached the

authority under the said Rules to seek permission to conduct the

"THAMBOLAM" event. In that view of the matter, I do not think

petitioner is entitled to get the relief for consideration of Ext.P3 by the

Revenue Divisional Officer; however, it is for the petitioner to

approach the authority under the Rules, 2000, seeking appropriate

relief. If any such application is filed by the petitioner, it shall be

considered by the authority under the Rules, 2000, in accordance with

law, at the earliest possible, bearing in mind that the particular event

is to take place on 05.04.2023.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE

uu 24.03.2023 WP(C) NO. 9422 OF 2023

APPENDIX OF WP(C) 9422/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE PUBLISHED BY THE 4TH RESPONDENT(TEMPLE TRUST COMMITTEE) Exhibit P2 THE TRUE COPY OF NOTICE PUBLISHED BY PETITIONER PRONOUNCING THEIR THAMBOLAM PROGRAM Exhibit P3 THE TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 13.03.2023 Exhibit P4 THE TRUE COPY OF REPRESENTATION SEND TO THE 2ND RESPONDENT(CITY COMMISSIONER OF POLICE) DATED 14.03.2023 Exhibit P5 THE TRUE COPY OF REPRESENTATION SEND REQUEST TO THE 1ST RESPONDENT(DISTRICT COLLECTOR) DATED 14.03.2023 Exhibit P6 THE TRUE COPY OF REPRESENTATION SUBMITTED TO THE RDO DATED 14.03.2023 Exhibit P7 THE TRUE COPY OF NO OBJECTION LETTER GIVEN BY THE 4TH RESPONDENT DATED 10.03.2023