JUDGMENT

Petitioners applied for use of loudspeaker in connection with the festival of Sri Elambana Bhagavathy Kshetram, Varkala scheduled from 17.02.2026 to 23.02.2026. The petitioners filed Ext.P2 application seeking use of loudspeaker until 12.00 p.m. When the petitioner approached this court, Ext.P2 application was pending consideration. However, when the matter is taken up for consideration today, the learned Government Pleader handed over an Order dated 11.02.2026, whereby Ext.P2 has been rejected.

2. Learned Government Pleader would point out that as per Rule 5 of the the Noise Pollution (Regulation and Control) Rules , 2000, there cannot be any permission beyond 10 p.m.

3. This Court considered the issue in W.P.(C) No.4822/2026 in the judgment dated 10.02.2026, as modified by clarificatory Order dated 12.02.2026. In the light of the same, this Court is of the opinion that the mandate in Rule 5 (2) can be mitigated in appropriate cases, after testing the reasonableness in terms of (3). In the circumstances, the Order dated 11.02.2026 will stand set aside. There will be a direction to the 1^st respondent to consider Ext.P2 afresh in the light of the law laid down in the jud