Kerala High Court
P.Kochukrishnan vs District Collector on 10 April, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.15048/2025 1/6 Order Date : 10-04-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 10th day of April 2025 / 20th Chaithra, 1947
WP(C) NO. 15048 OF 2025
PETITIONER:
P.KOCHUKRISHNAN, AGED 69 YEARS, S/O C.P NAIR, PARAKKAT HOUSE,
THATTAMANGALAM P.O, CHITTUR, PALAKKAD, PIN - 678101
RESPONDENTS:
1. DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, KERALA , PIN - 678013
2. REVENUE DIVISIONAL OFFICER PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD,
KERALA , PIN - 678001
3. ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, CIVIL STATION, PALAKKAD
, , PIN - 678001
4. SECRETARY DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION, MINISTRY OF
COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI, PIN - 110011
5. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES
SAFETY ORGANISATION(PESO) KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- ,
PIN - 682037
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 stay ext.p9, and direct the 3rd respondent to issue license in
form le-6 so as to enable the petitioner to conduct public display of
fireworks to be conducted on 18.4.2025 8 pm, 10 pm, 19.4.2025 12am, 2am,
4am, 8pm, 10 pm, 20.4.2025 12am, 2am, 4am, 8pm, 10 pm and 21.4.2025 12.00
am, 2.00 am, 4.00 am using 10000 palm leaf & 250 colour gun shots
respectively subject to any conditions to be prescribed for the same,
pending consideration of the writ petition, in the interest of justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. L.RAJESH NARAYAN & KEERTHANA SARIGA T.S., Advocates for the
petitioner, the court passed the following:
WP(C) No.15048/2025 2/6 Order Date : 10-04-2025
T.R. RAVI, J.
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W.P.(C). No.15048 of 2025
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Dated this the 10th day of April, 2025
ORDER
The prayer in the writ petition is to quash Ext.P9 and for a direction to the 3rd respondent to issue licence in Form LE- 6 so as to enable the petitioner to conduct the public display of fireworks on 18.04.2025 8.00 p.m, 10.00 p.m, 19.04.2025 12 a.m, 2.00 a.m, 4.00 a.m, 8.00 p.m., 10.00 p.m., 20.04.2025 12.00 a.m, 2.00 a.m, 4.00 a.m, 8.00 p.m., 10 p.m., and 21.04.2025 12.00 a.m., 2.00 a.m., 4.00 a.m. in connection with the festival of Sri.Kurumba Bhagawathi Temple, for Thathamangalam Kanyarkali Kizhakkethara Committee.
2. The request has been rejected citing the reason that there is no permanent magazine/store room, that a risk assessment plan has not been submitted, that documents specified in the Explosives (Amendment) Rules, 2024 have not been produced and that samples of the explosives have not been got tested to ensure the absence of prohibited materials.
3. The Government Pleader on instructions submitted that rejection is for the reasons stated in Ext.P9.
4. The petitioner submits that he is willing to abide by WP(C) No.15048/2025 3/6 Order Date : 10-04-2025 W.P.(C). No.15048 of 2025 2 any conditions that may be laid down by the Authority. It is also submitted that there is no requirement of a permanent magazine/store room since the petitioner will be using only portable magazine and it is submitted that this aspect has not been considered. It is also pointed out that the place where the fireworks display is to be carried out is in an open area behind the temple, which is a paddy field.
5. In the above circumstances, the following directions are issued;
i. The petitioner shall be permitted to carry out fireworks display on on 18.04.2025 8.00 p.m, 10.00 p.m, 19.04.2025 12 a.m, 2.00 a.m, 4.00 a.m, 8.00 p.m., 10.00 p.m., 20.04.2025 12.00 a.m, 2.00 a.m, 4.00 a.m, 8.00 p.m., 10 p.m., and 21.04.2025 12.00 a.m., 2.00 a.m., 4.00 a.m. in connection with the festival of Sri.Kurumba Bhagawathi Temple, for Thathamangalam Kanyarkali Kizhakkethara Committee using the following number of fireworks.
1) 18.4.2025 8.00 p.m, 10.00 p.m - 10000 WP(C) No.15048/2025 4/6 Order Date : 10-04-2025 W.P.(C). No.15048 of 2025 3 Palm Leaf & 250 Colour Gun Shots
2) 19.04.2025 12 a.m, 2.00 a.m, 4.00 a.m, 8.00 p.m., 10.00 p.m. - 10000 Palm Leaf & 250 Colour Gun Shots
3) 20.04.2025 12.00 a.m, 2.00 a.m, 4.00 a.m, 8.00 p.m., 10 p.m.- 10000 Palm Leaf & 250 Colour Gun Shots
4) 21.04.2025 12.00 a.m., 2.00 a.m., 4.00 a.m. - 10000 Palm Leaf & 250 Colour Gun Shots ii. Since no permanent magazine/store room is maintained, the Authorities shall ensure that the fireworks is carried out only with help of the portable magazine which is brought in at the time of fireworks.
iii. The authorities of the Revenue Department, Fireworks, Fire Safety Department and Police Department shall deploy competent officers to ensure that the fireworks display is conducted smoothly in accordance with the licence and using only the items permitted in WP(C) No.15048/2025 5/6 Order Date : 10-04-2025 W.P.(C). No.15048 of 2025 4 this order.
iv. The Officers of the Fire Safety Department shall identify the places where the barricades are to be placed for maintaining the distances between the spectators and the area where the display is to be conducted and the petitioner shall ensure that barricades are put up at the those places. It shall be ensured that no person is permitted to enter into the prohibited area, except those persons who are performing the fireworks display.
v. Necessary samples should be collected by the Authorities for the purpose of testing regarding any objectionable substance. vi. Ext.P9 is set aside for working out the above directions.
Post on 23.05.2025.
H/o Sd/-
T.R. RAVI JUDGE mpm WP(C) No.15048/2025 6/6 Order Date : 10-04-2025 APPENDIX OF WP(C) 15048/2025 Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY THE PETITIONER DATED 15.2.2025 BEFORE THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 31.8.2000 Exhibit P3 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR/FIREWORKS DISPLAY ASSISTANT CERTIFICATE DATED 6.2.2025 ISSUED BY THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE LICENSE IN FORM LE-11A ISSUED BY THE 5TH RESPONDENT DATED 6.2.25 Exhibit P5 TRUE COPY OF THE SITE PLAN AND ONSITE EMERGENCY FOR FIREWORKS DISPLAY ON 18.4.2025 TO 21.4.2025 Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER THATHAMANGALAM VILLAGE TO THE TAHSILDAR, CHITTUR DATED 5.4.2025 Exhibit P7 TRUE COPY OF THE NO OBJECTION CERTIFICATE FROM SRI.MURALIDHARAN Exhibit P8 TRUE COPY OF THE RELEVANT PAGES PF THE INSURANCE POLICY DATED 2.4.2025 Exhibit P9 TRUE COPY OF THE ORDER DATED 8.4.2025 NO.
DCPKD/2640/2025/D-3 Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C) NO.5261/2020 Exhibit P11 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC NO. 11948/2023 Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 4.4.2025 IN WPC NO.13508/2025 Exhibit P13 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY