Kerala High Court
Manickan.T 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. 559 OF 2024
AGAINST THE JUDGMENT DATED 09.04.2024 IN WP(C) NO.14672
OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
MANICKAN.T, AGED 64 YEARS, S/O.THEETHI.K,
MANICKAMANDIRAM, ANACODE, CHERAMANGALAM.P.O,
MELARCODE, PALAKKAD. SECRETARY, CHERAMANGALAM
DESA VELA ULSAVA COMMITTEE, CHERAMANGALAM.P.O,
ALATHUR, PALAKKAD, PIN - 678 703
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT MAGISTRATE & DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, PALAKKAD, PIN -
678 001
2 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, CIVIL STATION, PALAKKAD, PIN -
678 001
3 THE DISTRICT POLICE CHIEF, OFFICE OF THE
DISTRICT POLICE CHIEF, YAKKARA, PALAKKAD, PIN -
678 014
4 THE ASSISTANT DIVISIONAL OFFICER, FIRE AND
RESCUE SERVICES, CIVIL STATION, PALAKKAD, PIN -
678 001
5 THE TAHSILDAR, OFFICE OF THE TAHSILDAR,
ALATHUR.P.O, PALAKKAD., PIN - 678 541
6 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLIUM & EXPLOSIVES SAFETY ORGANISATION,
W.A No.559 of 2024
..2..
(PESO)KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN
- 682 037
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.559 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