Chairman, Guruvayur Devaswom Managing Committee, Guruvayur, Appellant v. Superintendent of Police, Thrissur and another, Respondents.

U.P. SINGH, C.J. AND S. SANKARASUBBAN, J.

Constitution of India, Article 226 - Relief - Use of horn type loudspeakers by petitioner – Guruvayur Devaswom in and around temple premises – Petition for restraining respondent-authorities from removing it - Dismissal of, on basis of circular issued under Police Act banning its use - Expert opinion sought from State Pollution Control Board pending appeal -Report of Board showing there was no noise pollution by use of such type of loudspeakers – Petitioners entitled to use of horn type loudspeakers.

.. As per the decision of the Managing Committee, loudspeakers were installed in the temple premises. Through these loudspeakers, every day in the early morning, devotional songs were being transmitted. Further, inside the temple premises, some loudspeakers were installed in order to give directions to the pilgrims as well as to the ... Devaswom staff ... Over and above these, during festival season as well as Sabarimala season, the authorities used to instal loudspeakers in a radius of nearly 1 kilometer from the temple ... The Devaswom has been following this system for a large number of years. During the month of November 1996, respondents-police officers in the State directed the Managing Committee to remove the horn-type speakers. Otherwise the Committee was threatened that the loudspeakers will be removed by them. Apprehending such removal, the petitioner approached this Court by filing O.P.

Guruvayur Devaswom had approached the Kerala State Pollution Control Board to get expert opinion  regarding the use of horn-type loudspeakers. After inspection, the Kerala State Pollution Control Board has filed a reported. The Kerala State Pollution Control Board has been impleaded as a party in this case. The report is as follows:

"The Devaswom is using the PA system for broadcasting devotional song ... every day from 2.30 hrs. to 4.30 hrs. The audibility of the devotional song is limited within the temple area and it is serving the purpose of a wake-up call for devotees who have to attend morning pooja.

... The PA system is used only for very essential announcements about missing persons, lost wallets etc .. During Sabarimala season ... In different languages of announcements meant to guide devotee from outside the State. These announcements will continue into the night hours as long as there is arrival of fresh batches of pilgrims ... The net work will then be extending up to been no complaint by devotees against noise from loudspeakers. The final report filed by the Board was very specific to Guruvayur and was based on field observations ...

In the result, Guruvayur Devaswom is allowed to use horn-type amplifiers in and around the Sreekrishna Temple premises as required by them. If any permission is needed from the police authorities, the police authorities are directed to give sanction ... to erect the