WP CRL.(MD)/5487/2026 of Karupanapandi Vs State of TamilNadu Rep by th on 1 October 2026

ORDER

This Writ Petition has been filed to quash the impugned order dated 24.09.2026 issued by the third respondent and consequently direct the respondents to grant permission to conduct a music competition at a place near Alamara Pandi Temple, situated on the northern side of Usilampatti Taluk, Madurai District, scheduled to be held on 03.10.2026 and 04.10.2026 from 10:00 AM to 06:00 PM.

2. Mr.D.Rajaboopathy, learned Government Advocate, (Crl. Side) takes notice for the respondents. Heard the counsel on either side and perused the records.

3. The learned counsel for the petitioner submitted that under similar circumstances, where the police had rejected a request, the same was challenged before this Court in W.P.(MD) No. 76 of 2026. By order dated 07.01.2026, the rejection order was set aside, and the petitioner therein

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was directed to make a fresh representation. Subsequently, the petitioner gave a fresh representation and obtained permission to conduct the music competition. Therefore, the learned counsel prays that under similar circumstances, the rejection order in this case is also required to be set aside and permission may be granted to the petitioner to conduct the music competition.

4. The learned Government Advocate appearing for the respondents submitted that as per the memorandum dated 10.08.2016 issued by the Director General of Police (DGP), Chennai, based on G.O. (Ms) No. 3485 Home (Pol IV) Department, dated 29.12.1977, the judgment of this Court in W.P. No. 12165 of 1985 (Batch) dated 15.12.1995, and the judgment of the Hon'ble Supreme Court in “In Re: Noise Pollution Case”, dated 18.07.2005, instructions were issued to police officials across the State regarding permissions for Cone / Horn type loudspeakers. Permission may be granted subject to strict sound parameters, ensuring that the noise level does not exceed 10 dB(A) above the ambient noise standard, and not beyond that limit.

5. The relevant portion of the circular in the memorandum is

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extracted below: “5. In view of the above, the following instructions are issued:-

(i) Cone/Horn type loud speakers are banned and should not be used whether for religious purpose or non-religious purpose. No permission shall be granted for the use of Cone/Horn type loud speakers for any purpose.

(ii) Permission should be granted only for Box type speaker and the noise level should be maintained as per the Noise Pollution (Regulation and Control) Rules, 2000.

(iii) Cone/Horn type speakers should not be allowed to be installed on towers and temple walls, churches and mosques. If any religious or non- religious institutions including educational institutions is/are using Cone/Horn type loud speakers, necessary action should be taken against the authority of such institutions as per the provisions of the rules and any other law in force and the Cone/Horn type speakers should also be seized.

(iv) The noise level at the boundary of the public place, where loudspeakers 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.

(v) The conditions stipulated in the reference cited Government orders and the directions of the Hon’ble High Court and the Apex Court should be adhered to strictly.”

6. On a reading of the circular, and keeping in mind the decisions of the Hon'ble Supreme Court and this Court, and the relevant Government Orders, the petitioner is directed to submit a fresh representation if he is

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going to abide by the conditions laid down in the said memorandum regarding permissible noise levels.

7. Accordingly, the impugned order dated 24.09.2026 is set aside, and the petitioner is permitted to submit a fresh representation in terms of the memorandum issued by the DGP. Upon receipt of such representation, the respondent police are directed to consider the same and pass appropriate orders, subject to conditions that may be imposed. The event shall be permitted for one day only, between 02:00 PM and 08:00 PM and not beyond that.

8. With the above directions, this petition stands disposed of. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TM To

1. The Superintendent of Police Madurai, Madurai District.

2. The Deputy Superintendent of Police Usilampatti Sub- Division, Madurai District.

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3. The Inspector of Police Usilampatti Town Police Station, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.P.MURUGAN, J. TM WP Crl.(MD) No. 5487 of 2026 01-10-2026

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