Kerala High Court
M. Chandran vs District Collector 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. 563 OF 2024
AGAINST THE JUDGMENT DATED 09.04.2024 IN WP(C) NO.14631
OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 M. CHANDRAN, AGED 59 YEARS, S/O. MUTHU,
PRESIDENT, SREE KURUMBA BHAGAVATHY PAKALVELA
COMMITTEE, AYALUR, RESIDING AT ARIYAKODE HOUSE,
NSS COLLEGE P.O., NENMARA, PALAKKAD DISTRICT.,
PIN - 678 508
2 SUBHASH, AGED 45 YEARS, S/O. DEVADAS BABU NAIR,
PRESIDENT, SREE KURUMBA BHAGAVATHY TEMPLE VELA
COMMITTEE, AYALUR, RESIDING AT AMMUTHALA VEEDU,
AYILUR P.O., CHITTUR TALUK, PALAKKAD DISTRICT.,
PIN - 678 510
BY ADVS.
P.R.VENKATESH
LAKSHMI MEENAKSHI P.R.
RESPONDENTS/RESPONDENTS:
1 DISTRICT COLLECTOR , COLLECTORATE, CIVIL
STATION, PALAKKAD., PIN - 678 001
2 ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, CIVIL STATION, PALAKKAD., PIN -
678 001
3 TAHSILDAR, TALUK OFFICE, CHITTUR, PALAKKAD
DISTRICT., PIN - 678 101
4 DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT
CHIEF POLICE, YAKKARA, NEAR KSRTC BUS STAND
W.A No.563 of 2024
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PALAKKAD., PIN - 678 014
5 DISTRICT OFFICER, FIRE & RESCUE OFFICE, CIVIL
STATION, PALAKKAD., PIN - 678 001
6 AYALUR GRAMA PANCHAYAT, REPRESENRED BY ITS
SECRETARY ,AYALUR, PALAKKAD., PIN - 678 510
7 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM
& EXPLOSIVES SAFETY ORGANISATION, (PESO),
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM., PIN - 682
037
8 VILLAGE OFFICER, VILLAGE OFFICE, AYALUR,
PALAKKAD DISTRICT., PIN - 678 510
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.563 of 2024
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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