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This intra-court appeal is directed against the order dated 27.04.2023 made in W.P.(MD) No.8805 of 2023 filed by the appellant herein. The appellant is ancient temple. There is a tradition of conducting display of fire works in the concluding session of “Chithirai Festival” after the temple flag is lowered. When the appellant filed the writ petition for directing the second respondent to grant such permission, the learned Judge by the impugned order stipulated a condition that permission may be granted for bursting of fire crackers between 09:00 p.m. and 10:00 p.m. on 09.05.2023. Aggrieved by the imposition of such condition, this writ appeal has been filed.

____________ https://www.mhc.tn.gov.in/judis

2. The learned Judge took note of the fact that during such display of fire works in the year 2015, one J.Jeban Sekar had died. The temple administration was directed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as a matter of humanitarian gesture and without prejudice to the defence of accused in the pending criminal case. Even though the writ appeal is directed against the entire order, the learned counsel appearing for the temple/appellant informed the Court that this direction has been complied with. Receipt given by the victim's family was produced before us.

6. It is true that the Hon'ble Apex Court comprising their Lordships CJI, R.C.Lahoti and Ashok Bhan J.J., vide order dated 18.07.2005 in W.P.(C) No. 72 of 1998 (In Re: Noise Pollution) had held that there shall be a complete ban on bursting sound emitting fire crackers between 10:00 p.m. to 06:00 a.m. However, it was added that it is not necessary to impose restrictions as to time on bursting of colour/light emitting fire crackers. But, a Three Judges Bench vide order dated ____________ https://www.mhc.tn.gov.in/judis 11.04.2019 in W.P.(C) No.728 of 2015 after noticing that some temples in Kerala have been celebrating the “Thrissur Pooram” festival since 1798 and that displaying of fire works has been an integral part of the celebration of the festival saw no reason as to why the festivity should be suspended. We are inclined to respectfully adopt the very same approach, more particularly, in view of the earlier orders of this Court. We are clearly of the view that it is not for the Writ Court to stipulate the timings as to when the traditional display of fire works should be conducted.

7. However, the safety aspects cannot be lost sight of. A few days ago, in Kerala, there was a boat tragedy leading to loss of a number of lives. That was because of over crowding. When we indicated our concerns to the learned counsel for the appellant, it was undertaken by the appellant that Shri.T.Thulasidhas, Secretary in-charge of the appellant Devasthanam shall act as the nodal person to ensure scrupulous adherence to the safety protocol to be stipulated by the authorities. It is undertaken that the fire works will be displayed only at the notified site which will be fenced and barricaded. Members and general public will not be allowed to come within 100 metres from the spot. The ____________ https://www.mhc.tn.gov.in/judis Devasthanam will form a volunteer corps who will ensure that the safety distance is maintained. The entire burden shall not be placed on the police force. It is admitted that the temple flag is customarily lowered at 12:00 a.m. (Midnight) and the display of fire works follows. The organizers shall conclude the event by 02:30 a.m. In other words, the display of fire works can commence immediately after the flag is lowered and it shall be concluded by 02:30 a.m. The conditions as to the timings imposed in the impugned order dated 27.04.2023 is set aside. The writ appeal is allowed. No costs. Consequently, connected miscellaneous petitions are closed.