Kerala High Court
Seby C K vs State Of Kerala on 22 December, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
WP(C) NO. 41630 OF 2022(C)
PETITIONER:
SEBY C. K., AGED 50 YEARS, S/O KURIAKU CHIRAYANKANDATHU HOUSE,
CHITTATTUKARA THRISSUR DISTRICT- PIN- 680 511
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR - 680 001.
3. THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR 680 001
4. THE DISTRICT POLICE CHIEF (CITY), OFFICE OF THE DEPUTY COMMANDANT,
DIST. ARMED RESERVE, RAMAVARMAPURAM, THRISSUR -680 631.
5. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN,
KAKKANAD, ERNAKULAM, KOCHI - 682 037
6. THE STATION HOUSE OFFICER, PAVARATTY POLICE STATION, PAVARATTY P.O.,
THRISUR - 680 511
7. THE ASSISTANT DIVISIONAL OFFICER FIRE & RESCUE SERVICES, VIYYUR -
THANIKKUDAM RD, RAMAVARMAPURAM, THRISSUR - 680010
8. THE TAHSILDAR CHAVAKAD, CHAVAKAD TALUK OFFICE, CHAVAKAD, THRISSUR
KERALA 680506
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order commanding the 2nd respondent to permit
the Petitioner to conduct public display of fireworks from 04-01-2023 to
07-01-2023 in connection with the Kambidi Thirunal festival of
St.Sebastian Church, Chittattukara subject to any conditions prescribed
for the same, pending consideration of the Writ Petition in the interest
of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SREEHARI INDUKALADHARAN & FRANCIS P.T., Advocates for the petitioner,
and of GOVERNMENT PLEADER for respondents, the court passed the following:
N.NAGARESH, J.
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W.P.(C) No.41630 of 2022
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Dated this the 22nd day of December, 2022
ORDER
The petitioner, who is a Trustee of St.Sebastian Church at Chittattukara, Thrissur seeks permission for fireworks in connection with the Festival of the Church to be conducted from 04.01.2023 to 07.01.2023. The Additional District Magistrate, in spite of a recommendation made by the Tahsildar, rejected the application.
2. The Senior Government Pleader vehemently opposed any interim or final relief in the matter on the ground that there are residential buildings close to the Church and a public road passing adjacent to the location. The pathways around the place of fireworks are narrow lanes and any permission for fireworks at the stipulated place would not be in public interest. W.P.(C) No.41630 of 2022 2
3. Taking into consideration the fact that fireworks are part of the rituals of the Church Festival, I am inclined to grant an interim order to use fireworks in a limited manner. The description and quantity of fireworks that can be used by the petitioner will be as follows:-
Date Time Description
04.01.2023 07.00 pm 5,000 Palm Leaf Crackers
05.01.2023 08.00 pm 5,000 Palm Leaf Crackers
06.01.2023 07.30 pm 10,000 Palm Leaf Crackers
07.01.2023 11.30 pm 2,000 Palm Leaf Crackers
07.01.2023 09.00 pm 5,000 Palm Leaf Crackers
4. It is made clear that no other type of fireworks whatsoever shall be used by the petitioner. The explosive material should be protected in portable magazines. The petitioner shall abide by all other directions that may be given by the respondents 2 to 6 in the matter of maintaining safety.
Post on 09.01.2023.
Sd/-
N.NAGARESH, JUDGE spk 22-12-2022 /True Copy/ Assistant Registrar