High Court of KeralaWP(C)/32257/2013disposed of

Madhu V.R. v. State Of Kerala

2013-12-27Honourable Mr.Justice C.K.Abdul Rehim4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935 WP(C).No. 32257 of 2013 (F) ---------------------------- PETITIONER(S):

-------------- MADHU V.R., S/O.RAGHAVAN, AGED 40 YEARS, VYRATTIL HOUSE, IRINJALAKKUDA NORTH P.O., MUKUNDHAPURAM TALUK THISSUR DISTRICT BY ADVS.SMT.P.DEEPTHI SRI.SABU JOHN RESPONDENT(S):

--------------

1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRISSUR DISTRICT, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN 680 001.

2. THE SECRETARY, IRINJALAKKUDA MUNCIPALITY, IRINJALAKKUDA P.O., THRISSUR DISTRICT, PIN 680 121.

3. THE MANAGING PARTNER, MCP INTERNATIONAL CONVENTION CENTRE, IRINJALAKKUDA PO, IRINJALAKKUDA, PIN 680121

4. THE STATION HOUSE OFFICER, IRINJALAKKUDA POLICE STATION, IRINJALAKKUDA, THRISSUR DISTRICT, PIN 680 121 BY SR.GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32257 of 2013 (F) APPENDIX PETITIONERS' EXHIBITS EXT.P1 COPY OF THE TICKET ISSUED BY THE 3RD RESPONDENT IN OPEN SALE.

EXT.P2 COPY OF THE PUBLIC NOTICE ISSUED BY THE THIRD RESPONDENT IN PUBLIC EXT.P3 COPY OF THE PETITION GIVEN BY THE PETITIONER TO THE SECOND RESPONDENT.

RESPONDENTS EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE Pn

C.K. ABDUL REHIM, J.

------------------------------------ W.P.(C). No. 32257 of 2013 --------------------------------------------------- Dated this the 27th day of December, 2013

JUDGMENT

The petitioner had approached the 2nd respondent in Ext.P3, requesting to stop the programme scheduled as per Exts.P1 and P2 notices being conducted at the Convention Centre of the 3rd respondent. Allegation of the petitioner is that, such a programme is conducted on the basis of tickets issued for participation, without payment of any Entertainment Tax due to the 2nd respondent. It is also complained that there is every chance of the programme being run during late night time, using heavy sound magnifying systems, in violation of the Noise Pollution Control Regulations.

The person who is conducting the alleged programme is not made a party in this writ petition. However, it is for the 2nd respondent to consider Ext.P3 and to take steps to collect Entertainment Tax if any due with respect to the programme. The petitioner will be

W.P.(C). No. 32257 of 2013 -2also at liberty to approach the Police authorities concerned, in order to ensure that the programme is conducted strictly in accordance with the Noise Pollution Regulations.

The writ petition is disposed of subject to the above observations. Needless to say that, the concerned authorities will take appropriate steps if any violation of law is noticed.

Sd/- C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn