The petitioner gave a representation to the third respondent police seeking permission for conducting Chithirai Festival and Hindu Religious Conference as from 30.04.2017 to 09.05.2017 from morning 06.00 am to the next day 1.00 am everyday instead of 06.00 am to 10.00 pm to Arulmigu Koottalumoodu Bhadreswari Temple at Painkulam - 629 173 Kanyakumari District and also for bursting crackers on the last date of the celebrations.
2. The third respondent in its order dated 03.03.2017 has granted permission for conducting the festival on the said dates, from 6.00 a.m. To
10.p.m. and not beyond that. As regards the request for bursting crackers, the Inspector has directed the petitioner to approach the District Collector for permission. Under such circumstances, the petitioner is before this Court with the above prayer.
3. Mr.R.Mathavan, Inspector of Police, Karungal Police Station, is present before this Court.
4. Heard the learned counsel for the petitioner and the learned Additional Government pleader for the respondents.
5. The learned Additional Government Pleader placed strong reliance on the judgment of the Supreme Court in Forum, Prevention of Environment & Sound Pollution v. Union of India & Another in Appeal (civil) 3735 of 2005. In the light of the said judgment, the Court should not interfere with the action taken by the respondents for maintaining the noise pollution levels in the area.
6. The learned counsel for the petitioner submitted that the petitioners have been celebrating this festival for several decades and there should not be a battle by the State.
7. As regards the request of the petitioner for a direction to permit them to burst crackers, the learned Additional Government Pleader submitted that on earlier occasion, when permission was granted, it had ended in a mishap resulting in the police registering a case in Crime No.203/2015 on 13.05.2015 under
Sections 28<act id=jLGwPokB_szha0nW9s9J section=6>6,</act>
338,304(A) and
3<act id=jLGwPokB_szha0nW9s9J section=4>4 </act>IPC and
Sections 3,4 and
6 of the Explosives Substances Act 1908 and also Crime No.204/201
6 dated 10.05.201
6 under
Sections 147,148,188,294(b),33<act id=jLGwPokB_szha0nW9s9J section=6>6,</act>
332 and
506(ii) IPC.
8. In view of the above, this Court cannot direct the authorities to grant permission to the petitioners to burst crackers as sought for in the writ petition. However, the first respondent is directed to consider the request of the petitioner for permission to burst crackers as part of the final day celebrations and after taking into consideration of all aspects, pass orders, either granting or refusing permission in accordance with law within a period of two weeks from the date of receipt of a copy of this order.
9. With the above direction, this petition is closed. No costs.