Poruvazhy Peruviruthy Malanada Temple vs The State Of Kerala on 23 October, 2018

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Kerala High Court

Poruvazhy Peruviruthy Malanada Temple vs The State Of Kerala on 23 October, 2018

Bench: Anu Sivaraman

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY ,THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940

                         WP(C).No. 8204 of 2018


PETITIONER/S:


                PORUVAZHY PERUVIRUTHY MALANADA TEMPLE
                REPRESENTED BY ITS SECRETARY,AKHIL SIDH,
                AGED 26 YEARS,S/O.SIDHARTHAN,
                SIDHARTHA BHAVAN,EDAKKAD PO, KOLLAM DISTRICT

                BY ADVS.
                SRI.VINOY VARGHESE KALLUMOOTTILL
                SMT.GANGA A.SANKAR



RESPONDENT/S:
       1      THE STATE OF KERALA
              REPRESENTED BY CHIEF SECRETARY TO
              GOVERNMENT,SECRETARIAT,
              THIRUVANANTHAPURAM, 695001

      2         DISTRICT COLLECTOR
                KOLLAM 691508

      3         ADDITIONAL DISTRICT MAGISTRATE
                KOLLAM 691508

      4         SUPERINTENDENT OF POLICE (RURAL)
                KOTTARAKKARA 691505

      5         CIRCLE INSPECTOR OF POLICE
                SASTHAMCOTTA 690521

      6         SUB INSPECTOR OF POLICE
                SOORANADU POLICE STATION, KOLLAM DISTRICT, 691508

                BY GOVERNMENT PLEADER SMT. VINITHA B


OTHER PRESENT:


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No. 8204 of 2018                  2

                                   JUDGMENT

The petitioner has approached this Court seeking the following prayers:-

i) Call for the records, relating to Ext.P1 to P6 and issue a writ of certiorari to quash exhibit P2 and direct the 2 nd and 3rd respondents to permit the petitioner to conduct fire works display in connection with Temple Festival scheduled on 23.03.2018.

ii) Issue writ or appropriate direction to the 3rd respondent to conduct necessary inspection with regard to safety measures taken by the petitioner and on satisfying the same issue permission to conduct the fire works display in the Temple Festival.

2. It is submitted that earlier application preferred by the petitioner had been rejected by Ext.P2 on the grounds that it is belated and that there was a ban on conduct of fireworks. It is submitted that Ext.P7 application has now been preferred by the petitioner.

In the above view of the matter, there will be a direction to the 3 rd respondent to take up, consider and pass appropriate orders on Ext.P7 application preferred by the petitioner, in accordance with law. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE rmm WP(C).No. 8204 of 2018 3 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AGREEMENT IN WHICH A LIST OF CRACKERS AND OTHER ITEMS WILL BE DISPLAYED IN THE EVENT EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 15.02.2018 EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM AE6 UNDER THE EXPLOSIVE RULES EXHIBIT P4 TRUE COPY OF THE CHALLAN REMITTING THE REQUISITE FEE FOR THE CONSIDERATION OF THE APPLICATION EXHIBIT P5 TRUE COPY OF THE LICENSE OF THE MANUFACTURER WHO HAD AGEED TO CONDUCT FIRE WORKS EXHIBIT P6 TRUE COPY OF THE SERVICE PLAN OF THE AREA WHERE THE DISPLAY WILL BE CONDUCTED EXHIBIT P7 TRUE COPY OF THE APPLIATION DATED 3.9.2018 SUBMITTED BEFORE THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS      NIL


                                // TRUE COPY //

                                  P.A. TO JUDGE

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