MAHADEVAN, vs STATE OF KERALA,

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
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TUESDAY, THE 10 DAY OF NOVEMBER 2026 / 19TH KARTHIKA, 1948
WP(C) NO. 17410 OF 2026
PETITIONER:
MAHADEVAN,
AGED 53 YEARS, S/O M KOLAPPA PILLAI,
MADHU BHAVAN, KRISHNAMENON ROAD, UDAYAMPEROOR,
MANAKUNNAM, ERNAKULAM, PIN - 682307
BY ADVS.
SHRI.ANAND KALYANAKRISHNAN
SRI.S.RAJEEV
SRI.C.DHEERAJ RAJAN
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.LIBIN VARGHESE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, TAXES (G) DEPARTMENT,
GOVT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE,
EXCISE HEADQUARTERS, NANDAVANAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695033
3 THE DEPUTY COMMISSIONER OF EXCISE,
ERNAKULAM, EXCISE ZONAL OFFICE, EXCISE ZONAL
COMPLEX, KACHERIPPADY, ERNAKULAM, PIN - 682018
4 ASSISTANT COMMISSIONER OF POLICE,
ERNAKULAM, OFFICE OF THE ASSISTANT COMMISSIONER OF
POLICE, NEAR HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682018
5 STATION HOUSE OFFICER,
KADAVANTRA POLICE STATION, NEAR RAJIV GANDHI INDOOR
STADIUM, MARKET ROAD, GANDHI NAGAR, ELAMKULAM,
ERNAKULAM, PIN - 682020

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*ADDL.R6 THE COMMISSIONER OF POLICE,
ERNAKULAM CITY, OFFICE OF THE COMMISSIONER,
ABDUL KALAM MARG, MARINE DRIVE, ERNAKULAM-682011

*(ADDL R6 IS IMPLEADED AS PER ORDER DATED 11/06/26
IN IA/1/26 IN WP(C) 17410/26)
SHRI.P.A.MOHAMMED SHAH, ADDL.ADVOCATE GENERAL
SHRI. RENOY VINCENT GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.08.2026, THE COURT ON 10.11.2026 DELIVERED THE FOLLOWING:

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“CR”
J U D G M E N T
The petitioner is the licensee of a bar hotel at Ernakulam
which is having five star classification. Ext. P2 is the FL-3 Licence
renewal certificate issued in respect of the petitioner's hotel.
2. The Government of Kerala, vide Ext.P3 notification dated
13.02.2026, amended Rule 28 (1) of the Foreign Liquor Rules, 1953
and the proviso thereto, granting permission to FL-3 licensed bar
hotels having 5 star classification and above to function for an
additional three hours time after the permissible closing time, on
payment of an additional annual rental, in the interest of promoting
meetings, incentives, conferences and exhibitions (MICE) tourism,
destination wedding, international conference etc. The petitioner
applied for the benefit of Ext. P3 and paid Rs.5,00,000/- as fee to
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the Government. The 3 respondent, the Deputy Commissioner of
Excise, vide Ext.P4 order, granted permission to the petitioner to
function the hotel for an additional three hours after the permissible
closing time, for the financial year 2026-27.
3. The petitioner states that despite having the benefit of

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Ext. P4, the 5 respondent, the Station House Officer (SHO) is
constantly harassing him and his staff by issuing repeated notices
directing him not to conduct any DJ party in the hotel. Ext. P5 notice
dated 27.03.2026 was issued by the SHO to the Manager of the hotel
directing not to function the hotel beyond 12 O’ clock in the midnight
and to stop celebrations using loud speakers after 10:00 p.m. Ext.
P6 dated 30.03.2026 is the subsequent notice issued by the SHO to
the Manager stating that DJ parties were being regularly conducted
at the hotel with lots of young men and women participating and that
quarrels occurred during such parties under consumption of narcotic
substances. The petitioner was accordingly directed to refrain from
conducting DJ parties at the hotel until further orders. On
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28.04.2026, the 4 respondent, the Assistant Commissioner of
Police issued Ext. P7 notice stating that as part of the measures
taken to maintain law and order in the Central Sub-Division, all bars
within the Sub-Division are to stop operations by 12 midnight, in
accordance with the regulatory closing time prescribed by the
Government, and to stop conducting DJ parties by 11:00 p.m. Ext.
P8 FIR was registered against the petitioner under Section 223 of the

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Bharatiya Nyaya Sanhita, 2023 for conducting DJ party in the hotel
till 3.00 a.m. on 30.04.2026, in violation of Exts. P6 and P7 notices.
4. According to the petitioner, the allegation that he is
conducting DJ party in the hotel is not true and he is only conducting
the bar on the strength of Ext. P4 order till the time permitted
therein. The petitioner states that due to constant harassment meted
out to him and his staff by respondents 4 and 5, he is not able to
open the bar hotel and function the same and this has infringed the
fundamental rights guaranteed under Article 19(1) (g) of the
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Constitution of India. The petitioner further states that when the 3
respondent, vide Ext. P4 order, had extended the functioning of the
bar hotel by 3 hours on the basis of the amendment brought out to
the Foreign Liquor Rules, and on payment of additional annual rental
of Rs. 5,00,000/-, the same cannot be curtailed by respondents 4
and 5, the officials of the Government. Accordingly, the petitioner
has filed this writ petition challenging Exts. P5 to P7 notices and to
direct respondents 4 and 5 to permit the functioning of the bar hotel
in accordance with Exts. P2 and P4.
5. A Statement has been filed by the Commissioner of

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Police, Ernakulam City, the additional 6 respondent contending that
under the guise of an FL-3 license and Ext. P4 extension issued by
the Excise Department, the petitioner has been conducting late-night
DJ parties allegedly resulting in incidents of drug abuse, violent
disturbances, and public safety concerns. It is stated that Ext. P1
classification and Ext. P2 licence do not confer any absolute or
unfettered right to the petitioner to threaten public order or
disregard lawful directions issued by the competent authorities of the
Police intended to maintain public tranquillity. An FL-3 licence is
confined to the service of liquor and meals within the licensed
premises and does not authorise high-decibel DJ events or large-
scale gatherings beyond what is permitted by law. It is stated that
the police have only imposed restrictions on the timings of such DJ
events in the interest of maintaining public order. It is further stated
that Ext. P3 notification enabling extension of operating hours of
classified bar hotels cannot be treated as an unrestricted right to
conduct activities prejudicial to public peace, law and order, or public
safety, such as DJ parties. The extension of operating hours is
subject to strict compliance with all applicable laws and maintenance

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of public order. Ext.P3 notification does not curtail or override the
statutory powers and duties of the police under the Kerala Police Act,
2011. The police are empowered under Sections 77 to 79 of the
Kerala Police Act to take preventive and regulatory action in cases
involving threats to public safety, nuisance, or disorder. Sections
4(d), (e), and (g) of the Kerala Police Act mandate maintenance of
public security and prevention of danger and crime. It is stated that
these provisions apply to DJ parties, as they are commercial events
that attract large crowds, creating risks of public nuisance, disorder
and law and order issues, thereby justifying restrictions beyond
11:00 p.m. as a preventive measure to ensure public safety and
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tranquillity. The additional 6 respondent has given the details of
incidents affecting public safety and public order reported from the
petitioner’s establishment, during this year and details of criminal
cases registered at Kadavanthra Police Station relating to offences
including narcotic drug trafficking, assault, rioting in and around the
petitioner’s hotel, and damage to property within the hotel premises.
It is stated that Ext. P5 notice was issued by the SHO following
complaints from the public. Ext. P6 notice was issued on detection of

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offences under the NDPS Act in connection with late-night rave party
at the hotel premises. Ext. P7 notice was issued by the Assistant
Commissioner of Police, Ernakulam Central, pursuant to a
stakeholder meeting convened by him with DJ party operators to
formalise 11:00 p.m. as the regulatory cut-off time for DJ events,
with a view to balancing commercial interests against the imperative
of maintaining public order and law and order in the city. It is stated
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that reports were received by the 6 respondent from Station House
Officers and the District Special Branch, Kochi City, regarding law
and order issues, public nuisance, and security concerns arising from
late-night DJ events conducted at various establishments within
Kochi City which indicated that the congregation of large crowds
during late-night hours has resulted in disturbances to public peace
and has been associated with the registration of criminal cases,
including offences under the NDPS Act as well as offences against
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women, in the city since 2023. The 6 respondent upon examination
of the reports and other relevant materials, found it necessary to
introduce regulatory measures in the interest of public order and
safety. Accordingly, in exercise of the powers conferred under

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Sections 77 to 79 of the Kerala Police Act, 2011, Annexure R6(e)
dated 28.04.2026 and Annexure R6(f) dated 16.05.2026 were issued
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by 6 respondent, stipulating that DJ programmes and related
entertainment activities shall not be conducted beyond 11:00 p.m.
The orders were communicated to the DJ operators by the concerned
Sub-Divisional Police Officers by conducting meetings and issuing
notices. Despite the same, the petitioner conducted a DJ event
beyond the permitted time during the intervening night of
29.04.2026 and 30.04.2026 and consequently, Ext. P8 FIR was
registered against the petitioner. It is stated that the respondents
have never interfered with the lawful operation of the petitioner's bar
hotel or the sale of liquor during the extended hours permitted under
the orders issued by the competent authorities. The actions of the
police were confined to regulating DJ programmes and similar
entertainment activities in accordance with the directions issued in
this regard in the interest of public order, safety, and law
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enforcement. The 6 respondent has produced Annexure R6(h) list to
show that the Police have, so far, registered 27 criminal cases in
Kochi City related to late-night events, including cases involving

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unlawful gatherings, drug-related offences, crimes against women
and other violations of law. It is further stated that the petitioner's
right to carry on trade or business under Article 19 (1) (g) of the
Constitution is subject to reasonable restrictions imposed in the
interest of the general public under Article 19(6).
6. A reply statement has been filed by the petitioner
wherein it is stated that when the petitioner is permitted to hold DJ
parties till 11.00 p.m., the discrimination based on large scale
gatherings after 11.00 p.m., has no rationale. It is further stated
that Sections 4, 77, 78 or Section 79 of the Kerala Police Act do not
restrict conduct of DJ parties after 11.00 p.m. It is stated that there
are no evidences to contend that the conduct of DJ parties is a public
safety concern or causing any nuisance or disorder among the public
and under the guise of public security and crime, the police are
intruding into the fundamental rights of the petitioner to conduct his
business. There is no evidence to prove that the petitioner or his
hotel has any involvement in the crimes referred to in the statement
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filed by the 6 respondent and merely on the anticipation that there
may be chances of committing crimes during the DJ parties,

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restrictions cannot be imposed on the petitioner’s business. Theatres
in the City conduct shows late into the night and large numbers of
people assemble in temples, churches, mosques and other places of
worship at late hours in connection with religious festivities and
prayers. If any untoward incidents happen, it is the duty of the police
to effectively interfere so as to curb the same. The petitioner states
that, cloaking restriction in the guise of law and order is not
permissible.
7. Heard Sri. Anand Kalyanakrishnan, the learned counsel
for the petitioner and Sri. P.A.Mohammed Shah, the learned
Additional Advocate General assisted by Sri. Renoy Vincent, the
learned Government Pleader.
8. The Government of Kerala, vide Foreign Liquor
(Amendment) Rules, 2026 (Ext.P3 notification), amended Rule 28
(1) of the Foreign Liquor Rules, 1953 with effect from 13.02.2026 to
bring uniformity in the operating timelines of bar hotels and Beer and
Wine Parlours in the State. Rule 28(1), along with its proviso, as
amended, reads as follows:
“28. No FL-3, FL-11 licensed premises shall be kept open

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before 10 O'clock in the morning and after 12 O'clock in the
midnight. No FL-4A licensed premises shall be kept open
before 11 O'clock in the morning and after 11 O'clock in the
night.
Provided that the FL-3 licensed premises of bar
hotels having 5 star classification and above may be
permitted to be kept open for an additional 3 hours time
from 12 O'clock in the midnight on payment of an additional
annual rental of ₹ 5,00,000 (Rupees Five Lakh only) subject
to the condition that the licensed premises of such hotels
shall function only up to 12 O'clock in the midnight if the
immediately succeeding day is a statutory dry day as
provided in rule 28A of these Rules.”
The Explanatory Note to Ext. P3 notification reads as follows:
“Government of Kerala have decided to bring uniformity in
the operating hours of Bar Hotels and Beer and Wine
Parlours functioning in the State. Government have also
decided to grant permission to FL.3 licensed Bar Hotels
having 5 star classification and above to function an
additional 3 hours time after the permissible closing time,
on payment of an additional annual rental, in the interest of
promoting Meetings, Incentives, Conferences and
Exhibitions (MICE) tourism, destination wedding,
international conference and other conferences. For the
above purpose, the Foreign Liquor Rules, 1953 needs to be
amended suitably.”
The petitioner applied for the benefit of Ext. P3 and the Deputy
Commissioner of Excise, vide Ext. P4 order, granted permission to
operate the hotel for an additional three hours beyond the permitted
operating hours, on payment of a fee of Rs.5,00,000/- to the
Government. In the light of Exts. P3 and P4, the petitioner’s hotel is
entitled to operate for an additional three hours beyond the

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permissible closing time, i.e., until 3:00 a.m., except on the eve of a
statutory dry day, when operations shall be stopped at 12 O'clock in
the midnight. The entitlement of the petitioner to keep open the FL-3
licenced premises for an additional three hours beyond the
permissible closing time as per Exts. P3 and P4 is not disputed in the
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statement filed by the additional 6 respondent.
9. Then the question is, can restrictions be imposed on
entertainment activities within the hotel premises, including DJ
programmes, after 11:00 p.m. and during the additional three hours
permitted beyond the normal closing time?
10. According to the learned Additional Advocate General,
the police are empowered under Sections 77 to 79 of the Kerala
Police Act to take preventive and regulatory action in cases involving
threats to public safety, nuisance, or disorder and in exercise of said
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powers, Annexure R6(e) and Annexure R6(f) were issued by the 6
respondent, stipulating that DJ programmes and related
entertainment activities shall not be conducted beyond 11:00 p.m.
11. In this context, it will be apposite to extract the
provisions of the Kerala Police Act relied on by the Additional

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Advocate General. Sections 4(d), (e), and (g) read thus:
“ 4. Functions of the Police .- The Police Officers shall,
subject to the provisions of this Act, perform the following
functions, namely:
xxx
(d) to promote and protect arrangements ensuring public
security and maintain public peace;
(e) to protect the public from danger and nuisance;
xxx
(g) to prevent and reduce crimes, exercising lawful powers
to the maximum extent.
Sections 77 to 79 of the Kerala Police Act read as under:
“77. Regulating nuisance caused by noise.- (1) The
District Police Chief may, in order to prevent nuisance,
harm, odium, damage or risk to the public or to any person
residing in an area if he is satisfied that it is necessary to
do so, issue necessary special or general directions for
preventing or regulating in any street, open space or any
other building,-
(a) any vocal or instrumental music or speech;

(b) any sound caused by the use in any manner
whatsoever of any instrument or contrivance which is
capable of making, producing, reproducing or
amplifying sound; or
(c) any trade, vocation or activity which creates or
causes any sound or noise.
2) The District Police Chief may either on his own motion or
on the application of any person aggrieved by an order
made under sub-section (1) rescind, modify or alter any
such order.

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78. Regulation to prevent violence. - (1)The District
Police Chief may, if it is satisfied from the circumstances
that it is necessary for the preservation of public peace or
public safety, by notification, either proclaimed or
specifically addressed to individuals, prohibit or control in
any manner for a period not exceeding fifteen days in any
place,
(a) the preparation, storage or transport of destructive
material, explosives, gun powder, stones or other
missiles or instruments which can be used for the
making of or launching of missiles or any weapon or
any other object which can be used for attack; or
(b) the exhibition of living persons or corpses; or
(c) the preparation, exhibition, representation,
distribution or dissemination of pictures, symbols,
placards, printed matter, pamphlets, books, audio-
video recordings, digital records, posters which may
inflame communal or religious passions or offend
general standards of public morality or seriously affect
public peace or endanger security of the nation.
(2) Any article used or carried by any person in
contravention of any prohibition under sub-section (1) may
be seized by a Police Officer on duty.
79. Regulation of public assemblies.- (1)The District
Police Chief may, if in his considered opinion, such action
is justified in the interest of maintenance of law and order
or preservation of public peace or public safety, by
notification proclaimed, permit, control or regulate any
public assembly or procession in any manner.
(2) No notification proclaimed under sub-section (1) shall
remain in force for more than fifteen days from the date of
such proclamation.

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(3) The State Government may either on its own motion
or after due enquiry on the application of any person
rescind, modify or alter or extend the period of validity of
any such notification issued under sub –section (1).
(4) The State Government may, by general or special
order, on busy through fares, specify that such
demonstrations, rallies or assemblies should be carried
out only at certain specified places or along specified
routes in urban areas for ensuring that demonstrations on
busy public roads do not seriously affect public life.”
12. “DJ” primarily stands for “disc jockey,” a person who
selects, mixes, and plays recorded music for an audience. A disc
jockey (DJ) performs at nightclubs, music festivals, parties,
weddings, and on radio and television. A “DJ party” is a social
gathering or event where a DJ selects, mixes, and plays recorded
music live to entertain the audience and keep people dancing. DJ
parties are organised in restaurants and bars to attract more
customers. DJing, whether regarded as a technical craft or a form of
performance art, is neither a prohibited craft nor a prohibited art.
13. Persons participating in a DJ party have the fundamental
right under Article 19(1)(b) of the Constitution of India to assemble
peaceably and without arms, at any place where they are otherwise
lawfully entitled to be, subject to reasonable restrictions, if any,

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imposed under Article 19(3). So far as the petitioner, being the
licensee of the FL-3 hotel, is concerned, he has the fundamental right
under Article 19(1)(g) of the Constitution to practise any profession
or to carry on any occupation, trade or business, subject to
reasonable restrictions that may be imposed under Article 19(6).
That apart, the right of every person who dwells or lives in the
vicinity of such trade or business to live free from noise pollution or
any other form of environmental pollution that adversely affects
health, peace and tranquillity is an integral part of the right to life
and personal liberty guaranteed under Article 21 of the Constitution.
14. Section 77 of the Kerala Police Act empowers the District
Police Chief to issue directions to regulate nuisance caused by noise.
Section 79 of the Kerala Police Act empowers the District Police Chief
to issue notification to regulate public assemblies in the interest of
maintenance of law and order or preservation of public peace or
public safety. It is a power to permit, control and regulate, and not a
power to impose an indefinite prohibition. Annexures R6(e) and R6(f)
impose restrictions on the conduct of DJ parties and the playing of
high-decibel musical events within Kochi City Police jurisdiction

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beyond 11:00 p.m. According to the additional 6 respondent,
Annexures R6(e) and R6(f) were issued under Sections 77 to 79 as a
preventive measure to ensure public safety and to prevent nuisance.
It is contended that DJ party is a high-intensity commercial event
involving amplified sound, elaborate lighting effects and large,
densely packed crowds associated with alcohol consumption and
alleged drug use, leading to disorder, brawls, public nuisance,
difficulties in crowd assembly and dispersal, traffic disruption and
wider law and order concerns. In view of these potential risks, it is
contended that, DJ parties fall within the purview of Sections 77 to
79, and that restrictions on the conduct of such events beyond 11:00
p.m. are justified as a preventive measure in the interests of public
safety and tranquillity. The main concerns associated with DJ parties
according to the Police are noise pollution, alcohol consumption and
alleged drug use and congregation of large crowds leading to traffic
disruption.
15. It is essential to first examine the concerns associated
with noise pollution caused by the playing of high-decibel music at DJ
parties. Section 77 of the Kerala Police Act provides that the District

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Police Chief may issue necessary general or special directions to
prevent or regulate, in any street, open space or other building,
noise arising from music, speech, sound-producing or amplifying
devices, or any trade, occupation or activity that causes noise,
wherever such noise creates a nuisance, harm or risk to the public or
any person residing in the area. The Noise Pollution (Regulation and
Control) Rules, 2000 (‘Noise Pollution Rules’ for short), were framed
by the Ministry of Environment and Forests to regulate and control
noise-generating sources and to maintain the prescribed ambient
noise quality standards. The ambient air quality standards in respect
of noise for different areas/zones have been specified in the
Schedule annexed to the Noise Pollution Rules. Rule 2(j) of the Noise
Pollution Rules defines “night time” to mean the period between
10.00 p.m. and 6.00 a.m. Rule 5 of the Noise Pollution Rules reads
as follows:
“5. Restrictions on the use of loud speakers/public
address system and sound producing instruments.
(1) A loud speaker or a public address system shall not
be used except after obtaining written permission from
the authority.
(2) A loud speaker or a public address system or any

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sound producing instrument or a musical instrument or a
sound amplifier shall not be used at night time except in
closed premises for communication within, like auditoria,
conference rooms, community halls or during a public
emergency.
(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, religious or
festive occasion of a limited duration not exceeding fifteen
days in all during a calender year and the concerned
State Government or District Authority in respect of its
jurisdiction as authorized by the concerned State
Government shall generally specify in advance, the
number and particulars of the days on which such
exemption should be operative. Explanation .- For the
purposes of this sub-rule, the expressions- (i) “festive
occasion” shall include any National function or State
function as notified by the Central Government or State
Government; and
“National function or State function” shall include”-
(A) Republic Day;
(B) Independence Day;
(C) State Day; or
(D) such other day as notified by the Central Government
or the State Government.”
(4) The noise level at the boundary of the public place,
where loudspeaker or public address system or any other
noise source is being used shall not exceed 10 dB (A) above
the ambient noise standards for the area or 75 dB (A)
whichever is lower;
(5) The peripheral noise level of a privately owned sound
system or a sound producing instrument shall not, at the
boundary of the private place, exceed by more than 5dB

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(A) the ambient noise standards specified for the area on
which it is used.”
Rule 6 of the Noise Pollution Rules prohibits activities such as playing
music, using sound amplifiers or loudspeakers, beating drums,
sounding musical instruments, conducting performances that attract
crowds and bursting sound-emitting firecrackers in silent zones. Rule
7 enables any person to lodge a complaint with the authority where
noise levels exceed the prescribed ambient noise standards by 10
dB(A) or more, or where night-time restrictions are violated. Rule
8(1) empowers the authority, if satisfied, on the basis of a report
from an officer in charge of a police station or any other information
received by it, including information furnished by a complainant, that
it is necessary to do so to prevent annoyance, disturbance,
discomfort or injury, or the risk thereof, to the public or to persons
residing in or occupying property in the vicinity, to issue written
directions to any person for prohibiting, controlling or regulating the
incidence or continuance, in or upon any premises, of vocal or
instrumental music or sounds caused by playing, beating, clashing,
blowing or using, in any manner whatsoever, any instrument,

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including loudspeakers. The ‘authority’ has been defined in Rule 2(c)
to mean and includes any authority or officer authorised by the
Central Government, or as the case may be, the State Government.
As per G.O. (Rt.) No. 120/11/Envt. dated 08.11.2011, issued in
exercise of the powers conferred by clause (c) of Rule 2 of the Noise
Pollution Rules, the Government of Kerala have designated the
District Magistrates, Commissioners of Police, Superintendents of
Police and Deputy Superintendents of Police (Sub-Divisional Officers)
as the authorities responsible for enforcing the prescribed ambient
noise quality standards within their respective jurisdictions in the
State.
16. Rule 5(2) of the Noise Pollution Rules prohibits the use
of loudspeakers, public address systems, sound-producing
instruments, musical instruments and sound amplifiers during night
time (between 10:00 p.m. and 6:00 a.m.), except in closed premises
for communication within such premises, such as auditoriums,
conference rooms, community halls and banquet halls, or during a
public emergency. Rule 5(5) provides that the peripheral noise level
of a privately owned sound system or sound-producing instrument

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shall not, at the boundary of the private premises, exceed the
prescribed ambient noise standard for the area in which it is used by
more than 5 dB(A). Where the night-time restrictions are violated or
the ambient noise standards prescribed for the area are violated,
Rule 8 of the Noise Pollution Rules empowers the authority to issue
preventive directions to prohibit, control or regulate the occurrence
or continuance of noise pollution. Both, Section 77 of the Kerala
Police Act and Rule 8 of the Noise Pollution Rules provide for the
satisfaction of the concerned authority and issuance of a written
order, to prohibit, control or regulate the occurrence or continuance
of noise pollution. Where night-time restrictions or prescribed
ambient noise standards are violated, the competent authority can
issue preventive directions under Section 77 of the Police Act or
under Rule 8 of the Noise Pollution Rules, as the case may be,
subject to the applicable statutory procedures. The limitations
imposed by Rule 77 of the Kerala Police Act and Rule 8 of the Noise
Pollution Rules are only reasonable restrictions. Article 19(1)(g) of
the Constitution does not guarantee a fundamental right to carry on
any trade, occupation or business in a manner that causes pollution,

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whether noise pollution or any other form of environmental pollution,
or adversely affects public health, peace and tranquillity. The
willingness of an audience to listen to the playing of high-decibel DJ
music does not, by itself, justify exposing person who dwells or lives
in the vicinity to such sound against their wishes. The use of sound
systems must, in all circumstances, comply with the prescribed
ambient noise standards under Rules 3 and 5(4) and (5) of the Noise
Pollution Rules and the restrictions on their use during night time
under Rule 5(2), subject to the exceptions expressly provided
therein. The freedom to live free from noise pollution is an integral
part of the right to life and personal liberty guaranteed under Article
21 of the Constitution of India. This Court in Jacob v .
Superintendent of Police [1992 (2) KLT 238] observed as follows:
“22. A loud speaker is a mechanical device, and it has no
mind or thought process in it. Recognition of the right of
speech or expression is recognition accorded to a human
faculty. A right belongs to human personality, and not to a
mechanical device. One may put his faculties to reasonable
uses. But, he cannot put his machines to any use he likes.
He cannot use his machines to injure others. Intervention
with a machine, is not intervention with, or invasion of a
human faculty or right. No mechanical device can be
upgraded to a human faculty. A computer or a robot
cannot be conceded the rights under Art.19 (though they
may be useful to man to express his faculties). No more, a
loud speaker. The use of a loud speaker may be incidental

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to the exercise of the right. But, its use is not a matter of
right, or part of the right. I am in no way, not in the least
way, narrowing down free speech, nor, attempting to
cabin, confine and crib a cherished right, while holding that
a mechanical aid is not a complement of human faculty, or
its use the extension of a constitutional right. But, I
consider that any measure of cosmetic surgery on the face
of an aggressive act of aural aggression or trespass on the
mind of another, will not make it resemble a right.”
Following the aforesaid decision, the Hon'ble Supreme Court in
Forum, Prevention of Environmental and Sound Pollution v.
Union of India and another [2005 KHC 1158: AIR 2005 SC 3136]
held as under:
“10. Art.21 of the Constitution guarantees life and
personal liberty to all persons. It is well settled by
repeated pronouncements of this Court as also the High
Courts that the right to life enshrined in Art.21 is not of
mere survival or existence. It guarantees a right of
persons to life with human dignity. Therein are included,
all the aspects of life which go to make a person's life
meaningful, complete and worth living. Human life has its
charm and there is no reason why life should not be
enjoyed along with all permissible pleasures. Anyone who
wishes to live in peace, comfort and quiet within his house
has a right to prevent noise as pollutant reaching him.
None can claim a right to create noise even in his own
premises which would travel beyond his precincts and
cause nuisance to neighbours or others. Any noise which
has the effect of materially interfering with the ordinary
comforts of life judged by the standard of a reasonable
man is nuisance. How and when a nuisance created by
noise becomes actionable has to be answered by reference
to its degree and the surrounding circumstances, the place
and the time.
11. Those who make noise often take shelter behind
Art.19(1)(a) pleading freedom of speech and right to

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expression. Undoubtedly, the freedom of speech and right
to expression are fundamental rights but the rights are not
absolute. Nobody can claim a fundamental right to create
noise by amplifying the sound of his speech with the help
of loudspeakers. While one has a right to speech, others
have a right to listen or decline to listen. Nobody can be
compelled to listen and nobody can claim that he has a
right to make his voice trespass into the ears or mind of
others. Nobody can indulge in aural aggression. If anyone
increases his volume of speech and that too with the
assistance of artificial devices so as to compulsorily expose
unwilling persons to hear a noise raised to unpleasant or
obnoxious levels, then the person speaking is violating the
right of others to a peaceful, comfortable and pollution-
free life guaranteed by Art.21. Art.19(1)(a) cannot be
pressed into service for defeating the fundamental right
guaranteed by Art.21. We need not further dwell on this
aspect. Two decisions in this regard delivered by the High
Courts have been brought to our notice wherein the right
to live in an atmosphere free from noise pollution has been
upheld as the one guaranteed by Art.21 of the
Constitution. These decisions are Free Legal Aid Cell Shri
Sugan Chand Aggarwal v. Govt. of NCT of Delhi [AIR 2001
Del 455 : 2001 (93) DLT 28 (DB)] and P.A. Jacob v. Supdt.
of Police (AIR 1993 Ker. 1). We have carefully gone
through the reasoning adopted in the two decisions and
the principle of law laid down therein, in particular, the
exposition of Art.21 of the Constitution. We find ourselves
in entire agreement therewith.”
Accordingly, this Court holds that, where high-decibel music played
at DJ parties or other entertainment events involving sound-
producing instruments results in violation of the restrictions
applicable during night-time, except in circumstances expressly
exempted under Rule 5(2) of the Noise Pollution Rules, or where the
prescribed ambient noise standards for the area are violated, the

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th
Police Commissioner, the additional 6 respondent, is empowered to
issue preventive directions under Section 77 of the Kerala Police Act
or Rule 8 of the Noise Pollution Rules to prohibit, control or regulate
the occurrence or continuance of noise pollution, subject to
compliance with the procedures contemplated therein.
17. The next question to be considered is whether alcohol
consumption and alleged drug use or congregation of large crowds
associated with DJ parties justify invocation of Sections 77 to 79 of
the Kerala Police Act to impose restrictions on the conduct of such
events beyond 11:00 p.m.
18. In the light of Exts. P3 and P4, the petitioner’s hotel is
entitled to operate for an additional three hours beyond the
permissible closing time, i.e., until 3:00 a.m. If that be so, can the
Police restrict the DJ programmes and related entertainment
activities in the hotel on ground of public peace and order, after
11:00 p.m. and during the additional three hours permitted beyond
the normal closing time?
19. It is contended by the Additional Advocate General that
several incidents involving criminal activities have been reported in

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connection with DJ parties. However, the very basis of the restriction
imposed requires consideration. The Police permit such DJ parties to
function until 11:00 p.m., and the dispute essentially concerns the
extension of the permitted hours beyond that time. If criminal
activities are indeed taking place in connection with such parties, it is
difficult to understand how merely restricting their operation after
11:00 p.m. would prevent such activities. There is no apparent
rationale for presuming that the possibility of criminal activities
would cease to exist before midnight or that the incidence of crime
would necessarily increase after midnight. The possibility of criminal
activities cannot, by itself, justify the imposition of restriction on the
extended hours of operation permitted under the Rules. If the Police
have reason to believe that criminal activities are taking place under
the guise of such DJ parties, it is certainly open to them to take
appropriate and stringent action in accordance with law to curb the
same. However, if the Government intend to impose restrictions on
such activities on grounds of public peace and order, it is for the
Government to frame appropriate rules carving out the necessary
exceptions to the extended hours of operation permitted under the

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Foreign Liquor (Amendment) Rules, 2026. The Hon’ble Supreme
Court, in Karnataka Live Band Restaurants Association v . State
of Karnataka and Others (2005 SCC OnLine SC 1704), while
considering whether the restrictions imposed on live band
performances in hotels in Karnataka on grounds of public peace and
order were arbitrary, adopted a balanced approach by weighing the
performers' right to livelihood against the security considerations of
the State and suggested appropriate regulatory measures. The
relevant portion of the decision reads as follows:
“6. Having heard the submissions of the parties, we are of
the view that the High Court having quashed the order
should have permitted the live bands to continue. There
was no basis in law for forbidding them. The further
directions should not have been passed keeping in view
the interest of the members of such live bands in earning
their livelihood. At the same time, we cannot overlook the
possibility of the requirement for some amount of control.
We have perused the impugned order and find that apart
from certain infrastructural requirements, the impugned
order had also sought to impose certain regulations on
actual operation of the live bands, namely,
“(h) that the proposed entertainment does not promote
public gambling or the premises shall not be used as a
gaming house or does not encourage prostitution or allow
the use of narcotic substances or permit any other illegal
activity;
(i) that the licensee shall not organise or allow
performance of shows which are immoral, obscene or
indecent and ensure that there is no obscenity or

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indecency of dress, movement or gesture or that the
performers indecently expose their person;
(j) the licence shall not permit any obscene or
objectionable posters or pictures to be exhibited;”
The Order 2005 (Licencing and Controlling of Places of Public
Entertainment) issued in the light of the above directions was upheld
by the Hon’ble Supreme Court in Karnataka Live Band
Restaurants Association v . State of Karnataka and Others
[2018 KHC 6047: AIR 2018 SC 731]. It was held therein thus:
“64. As held above, the public interest, the welfare and the
safety of general public always override the right of an
individual. There is no prohibition for any individual to
carry on such business. However, if he wishes to carry on
such business, he has to follow the norms and the
statutory regulation framed for carrying on the business.
He cannot be heard to say that he will carry on the
business but without ensuring the norms and the
regulations framed for the purpose.
XXX
75. We do not find any merit in this submission though
look attractive at its first blush. First, it is for the Police
Commissioner to decide in its discretion having regard to
the totality of entire fact situation as to what should be
brought within the ambit of the O.2005 and what should
be left out from its clutches. Second, there appears
reasonable distinction between the two performances
because as rightly urged by the respondent, the
performances specified in the proviso, are not usually
performed in restaurants but are performed in theaters
or / and auditoriums as one time performance by the
artists whereas the three performing items namely-
Cabaret, Discotheque and Live Band Music are the

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activities which are regularly performed and attract more
crowd and lastly the items specified in proviso even if
performed in restaurants does not involve any kind of
indecency or obscenity whereas other three performances
may unless controlled. In our view, proviso seems more
clarificatory in nature.”
Until the Government frames appropriate rules prescribing
exceptions to the extended hours of operation permitted under the
Foreign Liquor Rules, the Police cannot curtail or restrict the
operating hours of hotels contrary to the permission granted under
those Rules, in the absence of sufficient grounds justifying such
restrictions. The mere possibility of criminal activities cannot, by
itself, constitute sufficient justification for imposing restrictions on
the extended operating hours permitted under the Rules.
20. In Ravikumar R. v . Sub Inspector of Police,
Sakthikulangara and Another [2016 (5) KHC 734], this Court
considered whether a Sub-Inspector of Police could issue an order
directing the closure of a hotel after 11:00 p.m. on the ground that
anti-social elements frequented the hotel during night hours, thereby
potentially causing traffic congestion. This Court held thus:
“Running of a hotel is not detrimental to the interests of
the public. On the other hand, it caters to the needs of the
general public. There is no case for the fifth respondent

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that the petitioner committed any offence. No crime is
registered against him. That anti social elements used to
visit the hotel is not a ground to direct the owner of a
hotel to close down the hotel after 11 p.m. That offences
are being committed in the locality by anti social elements
is also not a ground to stop the running of the hotel after
11 p.m. If any offence is committed by any person, it is
for the police to investigate and apprehend the accused.
The police can also prevent commission of offences. So
long as the first respondent has no case that the petitioner
has committed any offence or that any conspiracy to
commit any offence took place in the hotel premises, he
was not justified in preventing the petitioner from running
the hotel during permitted hours. Ext. P5 order was
passed in violation of the principles of natural justice. On
that ground also, Ext. P5 order is unsustainable.”
21. The High Court of Madras while considering a
similar issue in S. Gunaraja v . The Commissioner of Police,
Greater Chennai & Another [2022 Live Law (Mad) 71], held
as follows:
“28. Ours is a democratic country and every citizen has a
right to practise any profession or to carry on any
occupation, trade or business as enshrined in Article 19(1)
(g) of the Constitution of India. In the present case, the
petitioner is carrying on his business by running his eatery
shop with proper licence, ofcourse at late hours, which is
also permissible in terms of the Notification, dated
05.06.2019 issued by the Labour and Employment
Department. While so, under the guise that opening the
eatery shop by the petitioner would create law and order
problem by anti-social elements, who visit the shop, the
second respondent is interfering with the business activity
of the petitioner and further, without any authority of law
or jurisdiction, has passed the impugned order, directing
the petitioner to close his eatery shop by 10.30 p.m.
every night, which in the opinion of this Court, would

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violate the right guaranteed by the Constitution and
nothing but taking away the very livelihood of the
petitioner.
29. It is shame and very deplorable that being the law
enforcers and protectors of the people, the police, instead
of taking stringent action against the anti-social elements
who indulge in illegal activities and create law and order
problem, even, if necessary, by arresting them in order to
protect the interest of the petitioner, unfortunately,
insisting the petitioner to close his eatery shop by 10.30
p.m. If, unexpectedly, any law and order problem arises
on any day, in the interest of the petitioner and his
customers, the respondent police may direct the petitioner
to close the shop on that particular day, but merely based
upon apprehension that there may be law and order
problem arising, the respondent police cannot interfere
and compel the petitioner to close his eatery shop every
day by 10.30 p.m. The respondent police, with the aid of
their information sources, if receives any information that
anti-social elements entered the eatery shop for dining
and going to indulge in illegal activities, can immediately
act upon and rush to the eatery shop and apprehend
those anti social elements and in fact, the opening of the
shop would pave way to the respondent police to identify
and catch hold of those anti-social elements and proceed
against them by taking proper action.
30. In fact, this Court expects the respondent police to be
vigilant and prompt in discharging their duties and ensure
that no crimes would take place in the society. While so,
in the present case, it is unfortunate to note that the
respondent police, instead of extending their helping hand
and protecting the interest of the petitioner and ignoring
their duties, in a blind-fold manner, insisting him to close
the shop, which would show that we are living in a
totalitarian regime.”
The Police cannot, merely on the basis of an apprehension that a law
and order problem may arise, interfere with the petitioner's business
and compel the closure of the hotel before the permissible closing

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time stipulated in Ext. P4. If any offence is committed by any person,
it is the responsibility of the police to take stringent action against
anti-social elements who indulge in illegal activities, use narcotic
substances, or facilitate any other unlawful activities that create law
and order problems. To borrow a proverb, “Burn not your house to
fright away the mice.” According to the Police, the DJ parties are
conducted in the licenced premises of the hotel. The hall or premises
may be capable of accommodating a specified number of persons. If
the congregation of large crowds in connection with DJ parties
results in traffic disruption, it is the duty of the Police to regulate and
control traffic under Section 61 of the Kerala Police Act, rather than
compelling the hotel to close before the permissible closing time.
Exts. P5 and P6 issued by the Station House Officer are without
th
jurisdiction. Further, an order issued by the 6 respondent under
Section 79 of the Kerala Police Act can remain in force for a period
not exceeding fifteen days from the date of its proclamation and
cannot be permanent in nature and it is for the Government to
extend the period of validity of the notification issued under Section
79 (1).

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22. In the light of the above discussions, this writ petition is
disposed with the following observations and directions:
(i) Exts. P5 to P7 are set aside.
(ii) In the light of Exts. P3 and P4, the petitioner’s hotel is
entitled to function for an additional three hours after the
permissible closing time, i.e., until 3:00 a.m., during the
financial year 2026–27, except on the eve of a statutory dry
day, when the hotel shall stop operations at midnight.
(iii) Until the Government frames appropriate rules prescribing
exceptions to the extended hours of operation permitted
under the Foreign Liquor (Amendment) Rules, 2026, the
Police cannot curtail or restrict the operating hours of hotels
contrary to the permission granted under those Rules, in the
absence of sufficient grounds justifying such restrictions.
(iv) Where high-decibel music played at DJ parties or other
entertainment events involving sound-producing instruments
results in a violation of the restrictions applicable during
night-time, except in circumstances expressly exempted
under Rule 5(2) of the Noise Pollution Rules, or where the

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prescribed ambient noise standards for the area are violated,
th
the Police Commissioner, the additional 6 respondent, is
empowered to issue preventive directions under Section 77
of the Kerala Police Act or Rule 8 of the Noise Pollution Rules
to prohibit, control or regulate the occurrence or continuance
of noise pollution, subject to compliance with the procedures
contemplated therein.
(v) The mere possibility of criminal activities cannot, by itself,
constitute sufficient justification for imposing restrictions
under the Kerala Police Act on the extended operating hours
of the FL-3 hotel permitted under the Foreign Liquor
(Amendment) Rules, 2026.
(vi) If the Police have reason to believe that criminal activities,
including use of narcotic substances, are taking place under
the guise of DJ parties or other entertainment programmes
in hotels, it is the responsibility of the Police to take stringent
action in accordance with law to curb the same.
(vii) An order issued under Section 79 of the Kerala Police Act
can remain in force for a period not exceeding fifteen days
from the date of its proclamation and cannot be permanent

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in nature and it is for the Government to extend the period
of validity of the notification issued under Section 79 (1).
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
YKB

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APPENDIX OF WP(C) NO. 17410 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LICENSE ISSUED BY
MINISTRY OF TOURISM, GOVERNMENT OF INDIA
NUMBERED AS 150720241473 DATED 15.07.2024
Exhibit P2 THE TRUE COPY OF THE FL3 LICENSE RENEWAL
CERTIFICATE ISSUED BY THE 3RD RESPONDENT
DATED 28.03.2026
Exhibit P3 THE TRUE COPY OF THE GAZETTE NOTIFICATION
ISSUED BY THE 1ST RESPONDENT HAVING NUMBER
GO(P) NO. 18/2026/TAXES DATED 13.02.2026
Exhibit P4 THE TRUE COPY OF THE ORDER NO.
EDOEKM/312/2026-E5 DATED 02.04.2026 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P5 THE TRUE COPY OF THE NOTICE
NO.162/TD/26/KDVA DATED 27.03.2026 ISSUED
BY THE 5TH RESPONDENT
Exhibit P6 THE TRUE COPY OF THE NOTICE
NO.172/TD/26/KDVA DATED 30.03.2026 ISSUED
BY THE 5TH RESPONDENT
Exhibit P7 THE TRUE COPY OF THE NOTICE NUMBER
1735/TD/2026/ECS DATED 28.04.2026 ISSUED
BY THE OFFICE OF THE 4TH RESPONDENT
Exhibit P8 THE TRUE COPY OF THE FIR IN CRIME NO.
166/2026 DATED 30.04.2026
RESPONDENT ANNEXURES
ANNEXURE R6(a) True copy of FIR IN CRIME No.120/2026 of
Kadavanthra Police Station
ANNEXURE R6(c) True copy of FIR IN CRIME No.138/2026 of
Kadavanthra Police Station
ANNEXURE R6(b) True copy of the FIR in Crime No.134/2026
of Kadavanthra Police Station
ANNEXURE R6(d) True Copy of the minutes of the meeting
dated 28.04.2026
ANNEXURE R6(e) True Copy of the order issued by the
Additional sixth Respondent dated

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28.04.2026
ANNEXURE R6(f) True Copy of the order issued by the
Additional Sixth Respondent dated
16.05.2026
ANNEXURE R6(g) True copy of the minutes of the meeting
dated 19.05.2026
ANNEXURE R6(h) LIst of DJ Cases registered by Kochi city
police