Kerala High Court
Binoj vs State Of Kerala on 5 February, 2025
2025:KER:9269
WP(C) No.1550 of 2015
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
WP(C) NO. 1550 OF 2015
PETITIONERS:
1 BINOJ
AGED 39 YEARS
S/O.BHUVANACHANDRAN, KAMBILLIL HOUSE, MOSQUE ROAD, NEAR
KOTTARAM BHAGAVATY TEMPLE, MARADU P.O, MARADU VILLAGE,
KANAYANNOOR THALUK, ERNAKULAM DISTRICT
*(REPRESENTED BY HIS POWER OF ATTORNEY SAJEEV K.B.,
S/O.BHUVNACHANDRAN, SOUPARNIKA (KAMBILIL), SRRA-17, 9/464A,
SOCIETY ROAD, MARADU P.O., MARADU VILLAGE, KANAYANNOOR
THALUK, ERNAKULAM DISTRICT - 682 304.
*THE NAME AND ADDRESS OF POWER OF ATTORNEY OF 1ST PETITIONER
IS DELETED FROM THE CAUSE TITLE AS PER THE ORDER DATED
21/01/2025 IN I.A 3/2023 IN WP(C)1550/2015
2 KUNJAMMA AUGUSTINE(DELETED)
AGED 81, W/O.LATE P.A.AGUSTINE, PAZHAMPALLIL HOUSE, MUTHEDOM
WARD, MARADU P.O, MARADU VILLAGE, KANAYANNOOR THALUK,
ERNAKULAM DISTRICT.
*THE 2ND PETITIONER IS DELETED FROM THEPARTY ARRAY IN THE
CAUSETITLE OF WP(C) 1550/2015 AS PER THE ORDER DATED
21/01/2025 IN I.A 4/2023 IN WP(C)1550/2015
3 ROBY P.A., AGED 56,
S/O.LATE P.A.AGUSTINE, PAZHAMPALLIL HOUSE, MUTHEDOM WARD,
MARADU P.O, MARADU VILLAGE, KANAYANNOOR THALUK, ERNAKULAM
DISTRICT.
4 REGHUNATH NAIR, AGED 40,
S/O.A.K.SUKUMARAN, KAMBILLIL HOUSE, MOSQUE ROAD, NEAR
KOTTARAM BHAGAVATHY TEMPLE, MARADU P.O., MARADU VILLAGE,
KANAYANNOOR THALUK, ERNAKULAM DISTRICT.
5 P.C. ELIYAMMA CHACKO, AGED 74,
D/O.P.I.CHACKO, PAZHAMPALLIL HOUSE, MUTHEDOM WARD, MARADU
P.O., MARADU VILLAGE, KANAYANNOOR THALUK, ERNAKULAM DISTRICT.
2025:KER:9269
WP(C) No.1550 of 2015
2
6 P.ASHOKAN
AGED 57 YEARS
S/O.LATE SRI.PADMANABHAN, BLAIPADOM, OFF MOSQUE ROAD, MARADU
P.O., ERNAKULAM.
BY ADVS. R.SURAJ KUMAR
V.BEENA
V.DEEPA
SUNIL J.CHAKKALACKAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN: 695 001.
2 THE DISTRICT COLLECTOR,
ERNAKULAM.
3 ADDITIONAL DISTRICT MAGISTRATE,
FORT KOCHI, ERNAKULAM.
4 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, NEAR
FIRE STATION, KADAVANTHARA ROAD, GANDHI NAGAR, ERNAKULAM -
682 020.
5 THE COMMISSIONER OF POLICE,
ERNAKULAM.
6 THE SUB INSPECTOR OF POLICE,
MARADU, ERNAKULAM.
7 THE CHIEF CONTROLLER OF EXPLOSIVES,
SOUTHERN CIRCLE
CHENNAI, TAMIL NADU - 600 001.
8 THE DIRECTOR OF EXPLOSIVES,
REGIONAL OFFICE,
KAKKANADU, ERNAKULAM.
9 MARADU MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MARADU, ERNAKULAM.
2025:KER:9269
WP(C) No.1550 of 2015
3
10 MARATTIL KOTTARAM BHAGAVATHY TEMPLE,
REPRESENTED BY ITS PRESIDENT, ADMINISTRATIVE COMMITTEE,
MARATTIL KOTTARAM BHAGAVATHY TEMPLE, MARADU, KANNAYANUR
TALUK, KOCHI - 682 304, ERNAKULAM DISTRICT.
11 NSS KARAYOGAM NO.1921
REPRESENTED BY ITS PRESIDENT, M.RADHAHKRISHNAN, NEAR
SREEDEVI AUDITORIUM, MARADU, KANNAYANUR TALUK KOCHI -
682 304, ERNAKULAM DISTRICT.
12 NSS KARAYOGAM NO.2068
REPRESENTED BY ITS PRESIDENT, POONITHURA, PETTAH,
KANNAYANUR TALUK, KOCHI, ERNAKULAM DISTRICT.
13 *K.G. INDUKALADHARAN,
S/O.GOVINDA MENON,
PRESIDENT, ADMINISTRATIVE COMMITTEE, MARATTIL KOTTARAM
BHAGAVATHY TEMPLE, MARADU, KANNAYANUR TALUK, KOCHI,
ERNAKULAM DIST.
14 *KUNDUVELI NANDAKUMAR,
S/O.MELETHU CHANDRASHEKHARA MENON, SECRETARY, MARATTIL
KOTTARAM BHAGAVATHY TEMPLE, MARADU, KANNAYANUR TALUK,
KOCHI - 682304, ERNAKULAM DIST.
15 *HARIKUMAR,
S/O.PADMANABHA MENON ALIS THANKAMONY, THREASURER,
MARATTIL KOTTARAM BHAGAVATHY TEMPLE, MARADU, KANNAYANUR
TALUK, KOCHI - 682 304, ERNAKULAM DIST.
[*THE NAMES OF R13,R14,R15 ARE DELETED FROM THE PARTY
ARRAY AS PER THE ORDER DATED 21/01/2025 IN IA 5/2023 IN
WP(C)1550/2015]
16 THE SECRETARY,
MARATTIL KOTTARAM, VADAKKE CHERUVARAM, KANNAYANUR TALUK,
KOCHI - 682 304, ERNAKULAM DIST.
17 THE SECRETARY,
SREE MARATTIL KOTTARAM BHAGAVATHY DEVASWOM, THEKKE
CHERUVARAM, MARADU, KANNAYANUR TALUK, KOCHI - 682 304,
ERNAKULAM DISTRICT.
2025:KER:9269
WP(C) No.1550 of 2015
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18 DR. M.K. JOY,
AGED 68 YEARS
S/O. KRISHNAN, MUNNOORPILLY HOUSE, HIGH SCHOOL ROAD,
MARADU P.O., PIN-682304 IS IMPLEADED AS ADDITIONAL R18
AS PER THE ORDER DATED 24/10/2016 IN I.A 16110/2016 IN
WP(C)1550/2015
19 SIVAPRASAD T.B., AGED 49 YEARS,
S/O. LATE. BHASKARA PANICKER, RESIDING AT
THEKKETHELAPARAMBIL, SOCIETY ROAD, MARADU,
ERNAKULAM-682304 IS IMPLEADED AS ADDITIONAL R19 AS PER
THE ORDER DATED 21/01/2025 IN I.A 1/2023 IN
WP(C)1550/2015
BY ADVS. K. RAMAKUMAR(SR.)
S.M. PRASANTH
C. DINESH
ASHA BABU
G. RENJITH
ANNA CHARLES
JINCY SARA GEORGE
T.R. RAJAN
T. NAVEEN
M. SUNILKRISHNA
M.U.VIJAYALAKSHMI
STATE ATTORNEY
E.U.DHANYA
M.PRIYANKA
RILGIN V.GEORGE
K.P.SANTHI
M.S.UNNIKRISHNAN
K.JAJU BABU (SR.)
BRIJESH MOHAN
OTHER PRESENT:
R1 TO 3,5 AND 6 - SRI.BINOY DAVIS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:9269
WP(C) No.1550 of 2015
5
JUDGMENT
Dated this the 5th day of February, 2025 The above writ petition is preferred for issuing a writ of mandamus or any other writ directing the 1st respondent to ban the fireworks in the Marattil Kottaram Bhagavathy Temple, Maradu. It is conducted at the premises of Mangayil Government Higher Secondary School and Mangayil Lower Primary School. They further seek to pass an order of injunction refraining respondents 10 to 17 from conducting fireworks in the aforementioned school premises.
2. It is also contended that apart from the severe damages to the residential building of the petitioners, accidents occurred consequent to the ignition of dynamic and high-density fireworks, which are indiscriminately used during the festival. In February, 2008 an accident occurred at the premises. Two persons were killed, and merely 30 persons were injured in the sample fireworks display during the festival of Marattil Kottaram Bhagavathy Temple, which was a prelude to the fireworks to be conducted in the early hours of 2025:KER:9269 WP(C) No.1550 of 2015 6 the next day. The mishap occurred due to the fall of dynamite among the onlookers and explorers.
3. The apprehension voiced by the petitioners is with respect to indiscriminate fireworks using heavy explorations by respondents 10 to 17 every year. The malfunctioning resulted in many accidents every year causing damage to residential buildings and causing noise as well as atmospheric pollution. It also results in the loss of life and limbs of the people in the locality. Despite the adverse consequences, the State, as well as District administrations, did not respond to the damages caused every year at the voice of a few, which is against the right to life guaranteed under Article 21 of the Constitution of India to the residents like the petitioners nearby. The petitioners are pressing for the reliefs sought in the writ petition on the background of a direction by the Division Bench of this Court in WA No.1935 of 2023 wherein the direction given by the learned Single Judge to the respective authorities is to conduct raids in religious places, that too to confiscate the illegally stored articles of fireworks and directed the authorities to issue direction that no crackers shall be burst in the religious places at odd time.
2025:KER:9269 WP(C) No.1550 of 2015 7
4. The Division Bench observed that the learned single judge had traversed beyond the scope of the writ petition at an interim stage and passed a general direction, that should not have been passed and the said impugned interim order dated 03.11.2023 was set aside, however, retained the directions in the impugned order that no firecrackers shall be burst in religious places at odd times. It is also brought to my attention by the learned counsel for the petitioners that thereafter, the other Benches of this Court have issued specific directions to the authorities not to grant permission without observing the standards of safety of the general public as per the statutory requirement. Under such circumstances the learned counsel for the petitioner pressing for grant of the relief sought in the writ petition.
5. In response to that learned Senior Counsel, Sri.Jaju Babu instructed by Sri.M.V. Vijaya Babu appearing for respondent No.19 and learned Government Pleader Sri.Binoy Davis submitted that stringent conditions are imposed for conducting fireworks in compliance with the amended provisions of Explosives Act, 1884. The District Authorities are committed to maintain the safety of the 2025:KER:9269 WP(C) No.1550 of 2015 8 life and property of the general public as well as the nearby residents. The fireworks in the temple will be conducted in strict compliance with the directions in the WA No.1935/2023 or any other orders passed by this Court in specific cases. The authorities will consider the safety measures while conducting fireworks at the 10 th respondent temple. There is no place for apprehension.
6. Accordingly, there will be a direction to the District Authorities as well as respondents 10 to 17 to ensure strict compliance of statutory requirements while conducting the fireworks in order to ensure the safety of life and property of the residents nearby and the general public at large. The District Administration, as well as statutory authorities under the Explosives Act, Pollution Control Act and Police authorities shall keep vigilance in order to rule out the apprehensions voiced in the writ petition.
With the above directions, the Writ Petition is closed.
Sd/-
P.M.MANOJ JUDGE ttb 2025:KER:9269 WP(C) No.1550 of 2015 9 APPENDIX OF WP(C) 1550/2015 PETITIONERS' EXHIBITS :
Exhibit P1 TRUE COPY OF THE APPLICATION DATED 13/11/2013 Exhibit P2 THE COPY OF THE REPLY DATED 25/11/2013. Exhibit P3 TRUE COPY OF THE NOTICE PUBLISHED BY 16TH RESPONDENT DATED NIL.
Exhibit P4 TRUE COPY OF THE NOTICE PUBLISHED BY 17TH RESPONDENT DATED NIL.
Exhibit P5 TRUE COPY OF THE PROPOSAL DATED 27/11/2013. Exhibit P6 TRUE COPY OF THE RECEIPT DATED 3/12/2013. Exhibit P7 TRUE COPY OF THE SAID APPLICATION DATED 17/12/2013.
Exhibit P8 TRUE COPY OF THE REPLY DATED 17/12/2013. Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 1/12/2014.
Exhibit P10 TRUE COPY OF THE NEWS PAPER REPORT STATING THE SAID INCIDENT PUBLISHED IN THE MATHRUBHOOMI DAILY DATED 23.01.2016. Exhibit P11 TRUE COPY OF THE NEWS, PAPER REPORT STATING THE SAID INCIDENT PUBLISHED IN THE DESHABHIMANI DAILY DATED 23.01.2016. Exhibit P12 TRUE COPY OF THE F.I.R DATED 21.01.2016 IN CRIME NO.84/2016 OF MARADU POLICE STATION 23.01.2016.
Exhibit P13 A TRUE COPY OF THE NOTICE DATED NILL PUBLISHED BY VADAKKE CHERUVARAM.
2025:KER:9269 WP(C) No.1550 of 2015 10 Exhibit P14: NOTICE DATED NILL PUBLISHED BY THEKKE CHERUVARAM.
RESPONDENTS' EXHIBITS :
EXHIBIT R17(a) TRUE COPY OF ORDER DATED 07..03..2017 IN W.P. (C) NO. 7457 OF 2017 EXHIBIT R17(b) TRUE COPY OF ORDER DATED 23..02..2018 IN W.P.(C) NO. 6223 OF 2018 EXHIBIT R17(c) TRUE COPY OF ORDER DATED 14..02..2019 IN W.P. (C) NO. 4075 OF 2019 EXHIBIT R17(d) TRUE COPY OF JUDGMENT DATED 26..02..2020 IN W.P. ( C ) NO. 5485 OF 2020 EXHIBIT R17( e ) TRUE COPY OF ORDER OF THE SUPREME COURT OF INDIA DATED 11..04..2019 IN W.P. ( C ) NO.
728 OF 2015 AND CONNECTED CASES Exhibit R19(a) TRUE COPY OF THE COMMUNICATION DATED 22.11.2023 TO THE SECRETARY OF THE KOTTARAM DEVASWOM, THE 17TH RESPONDENT Annexure R4(a) True copy of the relevant pages of the Notification, G.O.(P) No. 64/02 dated 20-4- 2002 issued by the Government.
Annexure R4(b) True copy of the Order, G.O.(Rt) No. 120/11/Envt. dated 8-11-2011 issued by the Government.
Annexure R4(c) True copy of the Order, G.O.(Rt) No. 3009/2021/Home dated 30-10-2021 issued by the Government.
PETITIONER EXHIBITS Exhibit P-15 TRUE COPY OF ONE OF THE COMPLAINTS dated 13.02.2024 Exhibit P-16 TRUE COPY OF THE ORDER DATED 20.02.2024 IN 2025:KER:9269 WP(C) No.1550 of 2015 11 W.P(C) No.6258 of 2024 ON THE FILES OF THIS HON'BLE COURT.
Exhibit P-17 TRUE COPY OF THE JUDGMENT DATED 21.02.2024 IN W.A No.264/2024 ON THE FILES OF THIS HON'BLE COURT.
Exhibit P-18 TRUE COPY OF THE DISCHARGE SUMMARY DATED 28/02/2011 ISSUED BY DR.VENUGOPAL OF THE LAKESHORE SUPER SPECIALITY HOSPITAL Exhibit P-19 TRUE COPY OF THE NOTIFICATION No.Notin.G.O(P). No.64/2002 DATED 24/04/2002 ISSUED BY THE LOCAL SELF GOVERNMENT (G) DEPARTMENT OF THE GOVERNMENT OF KERALA.