Kerala High Court
WP(C)/44278/2023 of SIVAPRASAD K. Vs STATE POLICE CHIEF on 29 December 2023
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 WP(C) NO. 44278 OF 2023 PETITIONERS: SIVAPRASAD K. AGED 58 YEARS, MANAGER, THE EXCLUSIVE CLUB, O.P. RAMAN ROAD, CIVIL STATION ROAD, KOZHIKODE, PIN - 673020 BY
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945WP(C) NO. 44278 OF 2023
PETITIONERS:
SIVAPRASAD K.AGED 58 YEARS, MANAGER, THE EXCLUSIVE CLUB, O.P. RAMAN ROAD, CIVIL STATION ROAD, KOZHIKODE, PIN - 673020BY ADV.K.A.SALIL NARAYANAN
RESPONDENTS:
1STATE POLICE CHIEFPOLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 6950142THE ASSISTANT COMMISSIONER OF POLICESUB DIVISIONAL OFFICE OF POLICE, KOZHIKODE TOWN, KOZHIKODE, PIN - 6730013THE STATION HOUSE OFFICERNADAKKAVU POLICE STATION, KOZHIKODE, PIN - 673006BY ADV.SMT.SAROJINI K.G. - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 29.12.2023, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
W.P.(C).No. 44278 of 2023
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JUDGMENT
Dated this the 29[th] day of December, 2023
The limited grievance of the petitioner is centeredaround Ext.P3 order, which restrains the use ofloudspeaker in connection with the New Year programmeonly up to 10 p.m. The petitioner club seeks use ofloudspeaker up to 23:45 hours (11:45 p.m.) on 31.12.2023,so as to enable New Year Eve celebrations in the club. Itwas also submitted that the club is located in an areahaving an extent of 3.5 acres, within well-definedcompound walls. In the peculiar facts and circumstancesand having regard to the significance of the solitarydate on which the petitioner is seeking exemption, thisCourt is inclined to allow the writ petition. Thepetitioner is accordingly permitted to use loudspeaker upto 23:45 hours (11:45 p.m.), only on 31.12.2023.
The writ petition is thus disposed of.
Sd/-
C.JAYACHANDRAN, JUDGE
anm
W.P.(C).No. 44278 of 2023
APPENDIX OF WP(C) 44278/2023
PETITIONER EXHIBITSExhibit P1THE TRUE COPY OF THE APPLICATION DATED 25.11.2023Exhibit P2THE TRUE COPY OF THE RECEIPT FOR ACKNOWLEDGEMENT OF THE APPLICATION DATED 25.11.2023Exhibit P3THE TRUE COPY OF THE LICENSE DATED 26-12-2023
RESPONDENTS' EXHIBITS : NIL.