Vakil Help Desk News: the Kerala High Court has set aside police notices curbing a five-star bar hotel's extended hours, holding that a mere apprehension of drug activity cannot justify restricting lawfully permitted hours.
Vakil Help Desk News, Litigation & Courts. The Kerala High Court has set aside police notices that restricted the operating hours of a licensed five-star bar hotel, holding that a mere possibility of criminal activity cannot justify curtailing hours the hotel is lawfully permitted to keep. Justice Murali Purushothaman decided Mahadevan v. State of Kerala (WP(C) No. 17410 of 2026).
The hotel, which had paid for and obtained permission to operate until the early hours, was restricted by police notices apprehending late-night DJ events and drug use. The Court held that the hotel may use its extended hours during the year, and that police cannot curtail them without special grounds until the government frames rules providing exceptions.
At the same time, the Court clarified that if police have reason to believe that drugs or other crime are occurring under cover of such events, they may act under the law, and that preventive directions on noise can be issued through the proper procedure. A standalone preventive notification, it noted, cannot remain in force beyond the short period the law allows.
What this means for you
Police cannot curb a licensed establishment's lawful operating hours on a mere apprehension of crime — but can act on specific, evidence-based grounds.