Kerala High Court
Johnson N D vs State Of Kerala on 31 December, 2024
WP(C) No.46157/2024 1/4 Order Date : 31-12-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
Tuesday, the 31st day of December 2024 / 10th pousha, 1946
WP(C) NO. 46157 OF 2024
PETITIONER:
JOHNSON N.D., AGED 59 YEARS, S/O.DEVASSY, NEELANKAVIL HOUSE,
CHITTATTUKARA P.O, THRISSUR DISTRICT, PIN - 680511.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2. THE DISTRICT COLLECTOR, THRISSUR CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, PIN - 680000.
3. THE ADDITIONAL DISTRICT MAGISTRAT CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, PIN- 680001.
4. THE DISTRICT POLICE CHIEF (CITY), OFFICE OF THE DEPUTY COMMANDANT,
DIST. ARMED RESERVE, RAMAVARMAPURAM, THRISSUR, PIN - 680631.
5. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES KENDRIYA BHAVAN, KAKKANAD,
ERNAKULAM, KOCHI, PIN- 682037.
6. THE STATION HOUSE OFFICER, PAVARATTY POLICE STATION, PAVARATTY P.O,
THRISUR, PIN - 680511.
7. THE ASSISTANT DIVISIONAL OFFICER, FIRE & RESCUE SERVICES, VIYYUR -
THANIKKUDAM RD, RAMAVARMAPURAM, THRISSUR, PIN - 680010.
8. THE TAHSILDAR, CHAVAKAD, CHAVAKAD TALUK OFFICE, CHAVAKAD, THRISSUR
KERALA, PIN - 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 04-01-2025 to
07-01-2025 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 orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SREEHARI INDUKALADHARAN, SETHU NANDAKUMAR & D.SMITHA Advocates for the
petitioner and of SMT.KRISHNA T.C., SCGC for R5, the court passed the
following:
WP(C) No.46157/2024 2/4 Order Date : 31-12-2024
1
WP(C) No.46157 of 2024
P.M.MANOJ, J.
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W.P.(C)No.46157 of 2024
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Dated this the 31st day of December, 2024
ORDER
The petitioner, who is a Trustee of St.Sebastian Church at Chittattukara, Thrissur seeks permission for fireworks in connection with the Kambidi Tbhirunal festival of the church proposed to be conducted from 04.01.2025 to 07.01.2025. The 2nd respondent rejected the application preferred by the petitioner as evident from Ext.P9.
2. The learned Senior Government Pleader vehemently opposed the writ petition on the ground that there are residential buildings close to the Church. 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. The learned Deputy Solicitor General of India also vehemently opposed the prayers stating that the order passed by the Additional District Magistrate is dated 19.12.2024 and there is no urgency in granting an interim order as the conducting of fire works in violation of the amended provisions of Explosive Rules is against the public WP(C) No.46157/2024 3/4 Order Date : 31-12-2024 2 WP(C) No.46157 of 2024 interest at large.
3. Taking into consideration the fact that fireworks are part of the rituals of the Church Festival and on considering the religious sentiments, 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
04/01/25 7.00pm 5000 palm leaf crackers
05/01/25 8.00pm 10000 palm leaf crackers
06/01/25 7.30pm 15000 palm leaf crackers
07/01/25 11.30am 7000 palm leaf crackers
07/01/25 9.00pm 5000 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 09.1.2025.
sd/-
P.M.MANOJ JUDGE das WP(C) No.46157/2024 4/4 Order Date : 31-12-2024 APPENDIX OF WP(C) 46157/2024 Exhibit P1 A TRUE COPY OF THE LETTER DATED 28.10.2024 ISSUED BY THE VICAR Exhibit P2 A TRUE COPY OF THE FORM AE-6 APPLICATION FOR APPROVAL OF LICENSE FOR PUBLIC DISPLAY OF FIREWORKS Exhibit P3 A TRUE COPY OF THE REPRESENTATION Exhibit P4 A TRUE COPY OF THE ON SITE PLAN OF ST SEBASTIAN CHURCH Exhibit P5 A TRUE COPY OF THE DISASTER MANAGEMENT PLAN FOR FIRE WORKS DISPLAY AT ST SEBASTIAN CHURCH , CHITTATTUKKARA Exhibit P6 A TRUE COPY OF THE LICENSE NO C6 1453/LE1 ISSUED BY ADDITIONAL DISTRICT MAGISTRATE DATED 26.06.2013 TO PRAJIL Exhibit P7 A TRUE COPY OF THE LICENSE NO E/KL/TSR/LE1/2 (E146906) DATED 03.04.2023 ISSUED TO SATHEESH P M Exhibit P8 A TRUE COPY OF THE INSURANCE VALID FROM 04-01-2025 TO 08-01-2025 ISSUED BY ORIENTAL INSURANCE COMPANY LIMITED Exhibit P9 A TRUE COPY OF THE ORDER NO DCTSR/13284/2024-C6 DATED 19.12.2024 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 03.04.2023 IN WPC NO. 11948/2023 Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 14.03.2024 IN WPC NO.10135/2024 Exhibit P13 TRUE COPY OF THE ORDER DATED 26.03.2024 IN W.A NO.464/2024 Exhibit P14 TRUE COPY OF THE INTERIM ORDER DATED 16.04.2024 IN WPC NO. 15960/2024 Exhibit P15 A TRUE COPY OF THE INTERIM ORDER IN WPC 43442 OF 2023 Exhibit P16 A TRUE COPY OF THE INTERIM ORDER IN WPC 41630 OF 2022 Exhibit P17 A TRUE COPY OF THE INTERIM ORDER WPC 45515 OF 2024 AND WPC 45874 OF 2024 DATED 24.12.2024 Exhibit P18 A TRUE COPY OF THE APPLICATION ALONG WITH REPRESENTATION AND FEE RECEIPT DATED 27.12.2024