Kerala High Court
P. Govindankutty vs District Collector on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 15009 OF 2024
PETITIONER:
P. GOVINDANKUTTY
AGED 78 YEARS
S/O. K. GOVINDAN, PRESIDENT, PAZHAMPALACODE DESAM VISHU
VELA COMMITTEE, RESIDING AT PULLATTU HOUSE,
PAZHAMBALACODE P.O., PALAKKAD DISTRICT, PIN - 678544
BY ADVS.
P.R.VENKATESH
ASHA P.KURIAKOSE
REJITHA RAJAN
LAKSHMI MEENAKSHI P.R.
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, PALAKKAD., PIN - 678001
2 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, CIVIL STATION, PALAKKAD., PIN - 678001
3 TAHSILDAR
TALUK OFFICE, ALATHUR, PALAKKAD DISTRICT., PIN - 678541
4 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT CHIEF POLICE, YAKKARA, NEAR KSRTC
BUS STAND PALAKKAD., PIN - 678014
5 DISTRICT OFFICER
FIRE & RESCUE OFFICE, CIVIL STATION, PALAKKAD.,
PIN - 678001
6 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM & EXPLOSIVES SAFETY ORGANISATION, (PESO),
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM., PIN - 682037
7 VILLAGE OFFICER
VILLAGE OFFICE, KAZHANI PAZHAMBALACODE RD, CHIRAKODE,
TARUR P.O,PALAKKAD., PIN - 678541
OTHER PRESENT:
SR.GP - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.15009 of 2024 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.15009 of 2024
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Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed challenging Ext.P4 order issued by the 2nd respondent, whereby Ext.P1 application submitted for issuance of a LE - 6 licence for public display of fireworks scheduled to be conducted on 14.04.2024 & 15.04.2024 in connection with a temple festival was rejected.
2. The reasons stated in Ext.P4 for rejecting the application is that there was delay in submitting the application, no magazine is provided as per the Explosives Rules, 2008 and no risk assessment plan was submitted and that the sample of the explosives was not sent for examination to find out the presence of any illegal ingredients. The learned Government Pleader submits that the licensee who was entrusted to undertake the display of fire works has no criminal antecedents.
3. The petitioner would contend that whatever defects that have been noted in the impugned order will be cured and in the place of a permanent magazine, a portable magazine to the satisfaction of the licence issuing authority, ie. 2 nd respondent W.P.(C). No.15009 of 2024 :3: Additional District Magistrate, will be provided. As regard non- submission of the risk assessment plan the learned counsel for the petitioner would submit that a proper risk assessment plan will be submitted without any delay. Petitioner would submit that he would replace the licensee with a new one with no criminal antecedents.
In view of the specific assertions made by the petitioner that the defects noted in the impugned order will be cured and that he will provide a portable magazine to the satisfaction of the 2 nd respondent Additional District Magistrate, the licence issuing authority and also the undertaking of the petitioner that he will replace the licensee with one who has no criminal antecedents, I am of the opinion that the matter requires to be reconsidered by the 2nd respondent. The 2nd respondent shall reconsider the matter on 12.04.2024 and take a decision in the matter after affording an opportunity of being heard to the petitioner and the result shall be intimated to the petitioner before 5'O clock on 12.04.2024 itself. The 2nd respondent, if required shall take a decision after calling for the meeting of any other authorities in person or through Video Conference. The learned Government Pleader shall communicate the order today itself to the 2 nd respondent. The petitioner shall produce all the documents in support of his contentions for the W.P.(C). No.15009 of 2024 :4: perusal of the 2nd respondent, who upon perusal of the same shall take a decision afresh after hearing the petitioner. The petitioner/authorised representative of the petitioner shall appear before the 2nd respondent at 11.00 a.m. on 12.04.2024. The 2 nd respondent while reconsidering the matter shall ensure that the directives issued by the Ministry of Commerce referred to in the impugned order including the distance criteria, providing of barricades at 100 metres around the display site and verification of the samples of fireworks are duly complied with. The risk assessment plan and on site emergency plan re-submitted by the petitioner shall be verified through the Disaster Management Team under the District Administration and shall be duly prepared by the District Administration before the fireworks display, if the application is allowed on reconsideration. It is made clear that I have not expressed any opinion on the merits of the case but only directed reconsideration of the application for LE-6 licence if all the defects noted in the impugned order are cured and taking into consideration the fact that the fireworks display is scheduled to be held on 14.04.2024 & 15.04.2024. It is also made clear that safety of the public shall be of prime importance while reconsidering the matter as directed above. The 2nd respondent will be free to even W.P.(C). No.15009 of 2024 :5: reduce the quantity of fireworks to be used for the display if he choose to allow the application. Respondents shall see that all safety measures are implemented so as to avert any danger to the public if the application is allowed upon reconsideration.
Writ petition is disposed of accordingly.
Sd/-
VIJU ABRAHAM JUDGE sm/ W.P.(C). No.15009 of 2024 :6: APPENDIX OF WP(C) 15009/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION DATED 25.3.2024 SUBMITTED BY THE PETITIONER BEFORE THE ADM Exhibit P2 TRUE COPY OF THE LICENCE FORM LE-1 WHICH IS RENEWED UP TO 31.03.2027 Exhibit P3 TRUE COPY OF THE REPORT OF THE TAHSILDAR, ALATHUR TO THE DISTRICT COLLECTOR DATED 8.4.2024 Exhibit P4 TRUE COPY OF ORDER IN FILE NO.
DCPKD/1885/2024-D3 DATED 6.4.2024
REJECTING APPLICATION BY THE ADM
Exhibit P5 TRUE COPY OF THE ORDER DATED 24.2.2020 IN
W.P.(C) NO. 5261/2020 OF THE DIVISION
BENCH OF THIS HON'BLE COURT
Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER DATED 26.3.2024
Exhibit P7 TRUE COPY OF INSURANCE COVERAGE AS PER
POLICY ISSUED BY NEW INDIA ASSURANCE CO.
Exhibit P8 THE PAMPHLET OF THE VISHU VELA FESTIVAL