JUDGMENT

The petitioner - who is stated to be the Secretary of a mosque - has approached this Court impugning Ext.P3, saying that the said proceedings of the fourth respondent - Police Inspector, is illegal because it prohibits them from using loudspeakers beyond 10 P.M even for public emergencies. He submitted that “public emergency” is an exemption carved out in the applicable statute itself enabling use of loudspeaker system after 10 P.M., and hence that Ext.P3 is liable to be set aside by this Court.

2. However, Smt.Vidya Kuriakose – learned Government Pleader, in response to the afore submissions of Sri.K.I.Sageer – learned counsel for the petitioner, submitted that, as is evident from Ext.P3, the fourth respondent has only directed the petitioner not to use loudspeaker system for festivities beyond 10 P.M.; and that, this is in terms of the statutory scheme as approved by the Hon'ble Supreme Court in Forum For the Prevention of Envn. and Sound Pollution v. Union of India [2005 KHC 1853]. She added that, if there is any public emergency, obviously, the exemptions appearing in the statute itself would come into play; but, for which, the petitioner must obtain necessary orders fr