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2016 DIGILAW 104 (CAL)

Rajendra Kanodia v. State of West Bengal

2016-02-01

DIPANKAR DATTA

body2016
JUDGMENT : A reception on the occasion of marriage of the petitioner’s nephew is scheduled today in a complex named ‘North City’ on Sevak Road, Silliguri. According to the petitioner, the reception had been fixed sometime in April 2015. However, due to the Madhyamik examination, which has commenced from February 01, 2016 i.e. today, the police has issued directive restraining the family of the groom not to hold musical programme, which was fixed as part of the reception ceremony. A supplementary affidavit has been filed by the petitioner today. Referring to such affidavit, Mr. Bandyopadhay, learned senior advocate for the petitioner contends that North City is a newly constructed building complex with 200 flats and is situated at a secluded place far from the main city of Silliguri and that barely 30 to 40 families are inhabitants of such complex. It is also submitted by Mr. Bandyopadhyay that all possible care shall be taken by the family of the groom to ensure that the sound generated consequent upon holding of the musical programme remains at a low level and does not travel outside the venue so as to inconvenience others. According to Mr. Banerjee, learned senior Government advocate representing the State, the schedule for the Madhyamik examination was announced in October 2015 and therefore, the petitioner cannot feign ignorance thereof. He has also submitted that no order should be passed allowing the relief claimed by the petitioner, for, that would inconvenience the examinees. Having heard Mr. Bandyopadhyay and Mr. Banerjee and keeping in mind the fact that the reception together with the musical programme had been fixed as far back as in April 2015, when admittedly the schedule for the Madhyamik examination was not announced, this Bench is of the considered view that the musical programme being part of the reception ceremony may be allowed to be conducted subject to the following conditions: The Officer-in-Charge, Bhaktinagar Police Station shall ascertain as to whether any of the inhabitants of the said complex is an examinee of Madhyamik Examination, 2016 or not. If the answer is in the affirmative, the question of permitting the musical programme to go ahead would not arise. If the answer is in the affirmative, the question of permitting the musical programme to go ahead would not arise. However, if none of the inhabitants is an examinee, the officer-in-charge shall permit the musical programme to go ahead but under the strict supervision of his subordinates so as to ensure that the sound of music does not cross the permissible level and further that such equipments are only used so as to keep the sound level within the housing complex to the extent possible. It is made abundantly clear that this order is passed in the peculiar facts and circumstances and is not to be treated as a precedent. The writ petition stands disposed of with the aforesaid directions. There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously. Photocopy of this order, duly countersigned by the Assistant Registrar (Court) be given to the learned advocate for the parties upon usual undertakings.