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Kerala High Court
Subin K.S vs District Collector on 7 May, 2024
WP(C) No.17118/2024 1/5 Order Date : 07-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
Tuesday, the 7th day of May 2024 / 17th Vaisakha, 1946
WP(C) NO. 17118 OF 2024
PETITIONER:
SUBIN K.S, AGED 37 YEARS, S/O SUBRAMANIAN, KANNALATH (H), ATHIKUZHI,
CHITTUR P.O, CHITTUR, PALAKKAD PRESIDENT, VADATHODE ATHIKUZHI SREE
MARIAMMAN POOJA MAHOTSAVA COMMITTEE, VADATHODE, ATHIKUZHI CHITTUR
P.O, PALAKKAD, PIN-678101
RESPONDENTS:
1. DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, KERALA, PIN-78013
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.P5 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 8th may 2024 between 8 pm to 9pm, 9pm to 10
pm and on 9th May 2024 between 4AM and 5AM 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.17118/2024 2/5 Order Date : 07-05-2024
JOHNSON JOHN, J.
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W.P(C) No.17118 of 2024
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Dated this the 7th day of May, 2024.
ORDER
This writ petition is filed challenging Ext.P5 order issued by the third respondent whereby an application for issuance of an LE- 6 licence for public display of fireworks scheduled to be conducted on 08-05-2024 and 09-05-2024 in connection with a temple festival was rejected. The reasons stated in Ext.P5 were that the petitioner has not produced the risk assessment plan, on-site emergency plan and the petitioner does not have a magazine for the purpose of safe storage of fireworks.
2. It is submitted by the learned counsel for the petitioner that in view of the small quantity of explosives used, there is no requirement to have a permanent magazine in the temple and what is required is only a portable magazine at the time of fireworks display.
WP(C) No.17118/2024 3/5 Order Date : 07-05-2024 W.P(C) No.17118 of 2024 2
3. In paragraph No.7 of the writ petition, the petitioner is seeking the use of 1,50,000 numbers of Olapadakkam, 550 numbers of Mazhathoranam, 500 numbers of Mathappu, 500 numbers of Chinese Crackers and 500 numbers of Poothiri. However, the learned counsel for the petitioner submitted that the petitioner is not pressing for the use of all the above items.
4. Therefore, considering the circumstances, there will be an interim order permitting the petitioner to conduct fireworks display with 10,000 numbers of Palm Leaf Crackers, 100 numbers of Chinese Crackers and 200 numbers of Mathappu on 08-05- 2024 and 09-05-2024, if the petitioner provides portable magazines to the satisfaction of the authorities. The officials concerned in the Revenue Department, Fire Safety Department and the Police Department shall supervise the fireworks 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 WP(C) No.17118/2024 4/5 Order Date : 07-05-2024 W.P(C) No.17118 of 2024 3 the fireworks display, barricades shall be 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 14-05-2024.
Sd/- JOHNSON JOHN, JUDGE.
amk WP(C) No.17118/2024 5/5 Order Date : 07-05-2024 APPENDIX OF WP(C) 17118/2024 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 SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE INSURANCE POLICY DATED 11.4.2024 Exhibit P5 TRUE COPY OF THE ORDER NO. DCPKD/4704/2024-D3 DATED 2.5.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C) NO.5261/2020 Exhibit P7 TRUE COPY OF THE ORDER DATED 28.2.2022 IN WPC NO.6673/2022 Exhibit P8 TRUE COPY OF THE ORDER DATED 8.4.2022 IN WPC NO.13313/2022 Exhibit P9 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC NO.11948/2023 Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 14.3.2024 IN WPC NO.10135/2024 Exhibit P11 TRUE COPY OF THE ORDER DATED 26.3.2024 IN W.A NO.464/2024 Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 16.4.2024 IN WPC NO. 15960/2024