Kerala High Court
Krishnadas S vs The District Magistrate/District ... on 11 April, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WA NO. 554 OF 2024
AGAINST THE JUDGMENT DATED 09.04.2024 IN WP(C) NO.14322
OF 2024 OF HIGH COURT OF KERALA
APPELLANT:
KRISHNADAS S., AGED 46 YEARS, SON OF P.
SWAMINATHAN, PRESIDENT, SREE KALIMUTHI
BHAGAVATHY THEKKE DESOM VELA COMMITTEE,
CHARAPARAMBU, CHITHALI P.O., KUZHALMANNAM,
PALAKKAD, RESIDING AT CHARAPARAMBU HOUSE,
CHITHALI P.O., KUZHALMANNAM, PALAKKAD
DISTRICT., PIN - 678 702
BY ADVS.
T.RAMPRASAD UNNI
ASWINI SANKAR R.S.
K.RAMAKUMAR (SR.)
SHEHIN S.
S.M.PRASANTH
RESPONDENTS:
1 THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, KENATHUPARAMBU,
KUNNATHURMEDU, PALAKKAD., PIN - 678 013
2 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, CIVIL STATION, KENATHUPARAMBU,
KUNNATHURMEDU, PALAKKAD., PIN - 678 013
3 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
SUB CIRCLE OFFICE, ERNAKULAM, KAKKANAD, KOCHI.,
PIN - 682 030
4 THE SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE, YAKKARA
W.A No.554 of 2024
..2..
ROAD, NEAR KSRTC BUS STAND, PALAKKAD., PIN -
678 014
5 THE SECRETARY
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION,
MINISTRY OF COMMERCE AND INDUSTRY, UDYOG
BHAVAN, NEW DELHI., PIN - 110 011
SMT. B VINITHA SR GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A No.554 of 2024
..3..
JUDGMENT
A. Muhamed Mustaque, J.
This matter relates to the conduct of fire works. The learned Single Judge of this Court in W.P (C) No.11948 of 2023 passed an interim order permitting the fire works on certain conditions. We also follow the same conditions and that order shall be appended along with this judgment. Therefore, we permit to conduct the fire works to a limited quantity of 15 KG for maximum. The Police Department as well as the Additional District Magistrate of competent jurisdiction shall supervise the fire works. All other conditions in the Explosives Act and Rules shall also be followed.
2. However, for the next year onwards the respondents can insist for the risk assessment plan as well as for installing permanent magazine, if it is feasible.
This writ appeal stands disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
M.A.ABDUL HAKHIM JUDGE PR