Kerala High Court
M.Raju vs District Collector on 23 April, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.16345/2024 1/5 Order Date : 23-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 23rd day of April 2024 / 3rd Vaisakha, 1946
WP(C) NO. 16345 OF 2024
PETITIONER:
M.RAJU, AGED 37 YEARS, S/O RAJAN, MUNDAKASSERI (H), KIZHAKKENCHERI-
I, PALAKKAD COORDINATOR SREE NEDUMPARAMBATH BHAGAVATHI VELA
COMMITTEE, KIZHAKKANCHERI P.O, PALAKKAD, PIN - 678684
RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, KERALA, PIN - 678013
2. REVENUE DIVISIONAL OFFICER, PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD,
KERALA , PIN - 678001
3. ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD, KERALA, PIN - 678013
4. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES
SAFETY ORGANISATION (PESO), KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM,
PIN - 682037
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Ext.P6 and direct the 3rd respondent to issue license in
form le-6 so as to enable the petitioner to conduct public display of
fireworks to be conducted on 27th april 2024 between 12.00 pm to 1.00 pm
and 7 pm to 9 pm with the quantity as stated in para 7 subject to any
conditions to be prescribed for the same, pending consideration of the
writ petition, in the interest of justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.L.RAJESH NARAYAN Advocate for the petitioner, the court passed the
following:
WP(C) No.16345/2024 2/5 Order Date : 23-04-2024
N. NAGARESH, J
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W.P.(C).No.16345 of 2024
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Dated this the 23rd day of April, 2024
ORDER
The above writ petition is filed challenging Ext.P6 order issued by the third respondent, whereby an application submitted for issuance of an LE-6 licence for public display of fireworks scheduled to be conducted on 27.04.2024 in connection with a temple festival was rejected. The reasons stated in Ext.P6 were that the petitioner has not produced the risk assessment plan, onsite emergency plan and also he does not have a magazine for the purpose of safe storage of fireworks.
2. Counsel for the petitioner submits that since the quantity of explosives used is very small, there is no requirement to have a permanent magazine in the temple and all that is required is to have a portable magazine at the time of fireworks display.
WP(C) No.16345/2024 3/5 Order Date : 23-04-2024 W.P.(C).No.16345 of 2024 2
3. Government Pleader vehemently opposed the grant of any interim relief as sought for.
4. In paragraph No.7 of the writ petition, the petitioner has sought for use of 150000 numbers of Olappadakkam, 550 numbers of Mazhathoranam, 500 numbers of Mathappu, 500 numbers of Chinese Crackers and 500 numbers of Poothiri. However, I am not inclined to grant permission for use of all the above items.
5. In such circumstances, there will be an interim order, permitting the petitioner to conduct fireworks display with 10000 numbers of Palm leaf crackers, 100 numbers of Chinese Crackers and 200 numbers of Mathappu, if the petitioner provides portable magazines to the satisfaction of the authorities. The officials concerned in the Revenue Department, Fire and Safety Department and the Police Department shall supervise the fireworks display and shall ensure that the fireworks display is conducted strictly in accordance with the conditions and using the items permitted in this interim order. Needless to say that before commencement of the fireworks display, barricades shall be WP(C) No.16345/2024 4/5 Order Date : 23-04-2024 W.P.(C).No.16345 of 2024 3 put up at a distance of 100 metres from the fireworks display point on all sides. No one shall be permitted to enter into the prohibited area of 100 metres except the persons, who are performing fireworks display.
Post on 24.05.2024.
sd/-
N.NAGARESH JUDGE AMV/23/04/2024 WP(C) No.16345/2024 5/5 Order Date : 23-04-2024 APPENDIX OF WP(C) 16345/2024 Exhibit P1 TRUE COPY OF THE APPLICATION FORM IN FORM AE-6 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT DATED NIL Exhibit P2 TRUE COPY OF THE LICENSE ISSUED IN FORM LE1 DATED 6.6.2015 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE ONSITE EMERGENCY PLAN AND SITE PLAN SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE RISK ASSESSMENT AND DISASTER MANAGEMENT PLAN SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE INSURANCE POLICY DATED 17.4.2024 Exhibit P6 TRUE COPY OF THE ORDER NO. DCPKD/3547/2024-D3 DATED 19.4.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C) NO.5261/2020 Exhibit P8 TRUE COPY OF THE ORDER DATED 28.2.2022 IN WPC NO.6673/2022 Exhibit P9 TRUE COPY OF THE ORDER DATED 8.4.2022 IN WPC NO.13313/2022 Exhibit P10 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC NO.11948/2023 Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 14.3.2024 IN WPC NO.10135/2024 Exhibit P12 TRUE COPY OF THE ORDER DATED 26.3.2024 IN W.A NO.464/2024 Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 16.4.2024 IN WPC NO. 15960/2024