Back
2026 Supreme(Online)(Ker) 8539
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SREE PUTHANALKKAL BHAGAVATHY TEMPLE FESTIVAL AGHOSHA COMMITTEE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 4822 OF 2026
For the Appellants/Petitioners: SRI.NIREESH MATHEW
For the Respondents: AJITH VISWANATHAN, GOVERNMENT PLEADER
The extension of loudspeaker usage for religious festivals is permissible under legal exemptions, promoting cultural significance.
Headnote:This Court analyzed Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000, which restricts loudspeaker use at certain hours. The petitioners sought permission to extend usage by one hour during a religious festival. The Court determined that a limited extension aligns with legal exemptions about cultural and religious events. An extra hour of usage for the loudspeaker was granted after considering the reasonableness of the request. The application under Rule 5(3) was deemed valid, leading to a favorable decision for the petitioners.
| Table of Content |
|---|
| 1. application for loudspeaker usage in festivals. (Para 1) |
| 2. interpretation of noise regulations for cultural significance. (Para 2) |
| 3. permission granted for extended loudspeaker use. (Para 3) |
JUDGMENT
Petitioners are aggrieved by Ext.P3, which objected petitioners' application for use of loud speaker in connection with the festival of Sree Puthanalkkal Bhagavathy Temple, Cherpulassery, for an extra hour from 10.00 p.m. upto 11.00 p.m. on 10.02.2026 and 11.02.2026. In Ext.P3, the Kerala Noise Pollution (Regulation and Control) Rules, 2000 , specifically Rule 5 , has been taken stock of, which prohibits use of loud speaker from 10.00 p.m. upto 06.00 a.m, except in a closed premises like auditorium, conference room etc.
2. Having heard the learned counsel for the petitioners and the learned Government Pleader, this Court notice that Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000 , contains a sub rule which is extracted herebelow:
“5. Restrictions on the use of loud speakers/public address system [and sound producing instruments] -
(1) xxx (2) xxx (3) Notwithstanding anything contained in sub-rule (2), the State Government may, subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 P.M. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year. The concerned State Government or District Authority in respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative.”
Although festive occasion is defined to mean a National function or a State function as notified, this Court is of the opinion that the expression 'cultural or religious' will throw adequate light with respect to the intention of Rule 5 (3) extracted above. When religious festive occasion is specifically referred, this Court is of the opinion that the principles governing (3) can be pressed into service on attendant facts like the present one.
3. In the instant facts, this Court notice that all what the petitioners seek is an extension of an extra work for use of loud speaker, that is to say from 10.00 p.m. to 11.00 p.m. When Rule 5 (2) contains an exemption in the form of sub rule (3), and taking into account the reasonableness of the petitioners' demand being limited to an extra hour, this Court is of the opinion that the permission sought for can be granted. Accordingly, Ext.P3 will stand set aside. The 3rd respondent/Inspector of Police will stand directed to issue necessary permission, as sought for by the petitioners, for use of loud speaker upto 11.00 p.m. in connection with the temple festival of Sree Puthanalkkal Bhagavathy Temple. All other conditions, which are liable to be imposed, as per Rules can be made by the 3rd respondent/Inspector of Police.
The Writ Petition will stand allowed as indicated above.
Sd/-
