D.Madhusudhanan vs District Collector, Palakkad
2022 Latest Caselaw 4443 Ker

WP(C) No.13953/2022                      1/5

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
             Tuesday, the 12th day of April 2022 / 22nd Chaithra, 1944
                            WP(C) NO. 13953 OF 2022 (T)
   PETITIONER:

          D.MADHUSUDHANAN, AGED 63 YEARS, S/O.ACHUTHAN NAIR, DAMOARA VILAS,
          PARUTHIPPULLY, BEMMANUR, PERINGOTTUKURISSI I, PARUTHIPULLI,
          PALAKKAD-678 573, JOINT SECRETARY, BAMMANUR CHERAMKULANGARA
          VISHUVELA COMMITTEE PARUTHIPPULLI P.O., PALAKKAD-678 573.

   RESPONDENTS:

      1. DISTRICT COLLECTOR, COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
         PALAKKAD, KERALA-678 013.
      2. REVENUE DIVISIONAL OFFICER, PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD,
         KERALA-678 001.
      3. ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION,
         PALAKKAD-678 001.
      4. SECRETARY, DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION, MINISTRY
         OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI-110 011.
      5. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES
         SAFETY ORGANISATION (PESO), KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM-682
         037.


        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 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 15.04.2022 between 9.00 PM and 10.30 PM using 1. 50000
   Nos.olapadakkam, 2. 500 Nos.Mazhathoranam, 3. 500 Nos.Mathappu, 4. 500
   Nos.Chinese crackers, 5. 500 Nos. Poothiri and 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 admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.L.RAJESH NARAYAN IYER, Advocate for the petitioner GOVERNMENT PLEADER
   for R1 to R3 (By Order) and of ASSISTANT SOLICITOR GENERAL OF INDIA for R4
   & R5 (By Order), the court passed the following:
 WP(C) No.13953/2022                         2/5




                                  VIJU ABRAHAM, J.
                         -------------------------------------------
                             W.P.(C) No.13953 of 2022
                       -----------------------------------------------
                        Dated this the 12th day of April, 2022

                                       ORDER

Admit.

2. The learned Government Pleader takes notice

for respondents 1 to 3. The learned ASGI takes notice

for respondents 4 and 5.

3. The petitioner challenges Ext.P6 order passed

by the 3rd respondent, whereby the permission for

conducting fireworks in connection with the festival of

Cheramkulangara Temple was declined. As per the

averment in the writ petition, the petitioner has now

decided to scale down the use of the fireworks as is

seen from the averment in paragraph No.6 of the writ

petition and that the petitioner is ready and willing to WP(C) No.13953/2022 3/5

W.P.(C) No.13953 of 2022

produce portable magazine/magazines to the

satisfaction of the Authorities and produces the risk

assessment plan and undertake to satisfy all the other

requisite conditions of firework display under LE-6

licence to the satisfaction of the Authorities. On the

basis of the same, the petitioner would submit that in

similar cases, orders have been issued, as is evident

from Ext.P7 judgment which was followed in Ext.P8

interim order passed in W.P.(C) No.6673 of 2022 and

therefore, on the basis of the same, the petitioner seeks

for a reconsideration of Ext.P6 by the 3rd respondent.

4. I have heard the learned Government Pleader

also.

In view of the contention now taken in the writ

petition that they have scaled down the quantity of fire

works that is to be used, I feel it appropriate that the 3 rd

respondent re-consider the claim of the petitioner for WP(C) No.13953/2022 4/5

W.P.(C) No.13953 of 2022

permission to conduct fireworks along with the festival

scheduled to be conducted on 17.04.2022. If the

petitioner approaches the 3rd respondent along with the

said proposal, the same shall be duly considered in the

light of Exts.P7 to P9 orders passed by this Court. A

decision in this regard shall be taken on or before

14.04.2022.

Sd/-

                                                      VIJU ABRAHAM
                                                           JUDGE

       scs




12-04-2022                        /True Copy/                     Assistant Registrar
 WP(C) No.13953/2022                 5/5

                       APPENDIX OF WP(C) 13953/2022
Exhibit P6            TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED
                      11.04.2022.
Exhibit P7            TRUE COPY OF THE JUDGMENT DATED 24.02.2020 IN WPC
                      NO.5261/2020.
Exhibit P8            TRUE COPY OF THE ORDER DATED 28.02.2022 IN WPC
                      NO.6673/2022.
Exhibit P9            TRUE COPY OF THE ORDER DATED 08.04.2022 IN WPC
                      NO.13313/2022.