Kerala High Court
Vimalkumar M.P vs District Collector on 12 April, 2022
WP(C) No.13913/2022 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. 13913 OF 2022(L)
PETITIONER:
VIMALKUMAR M.P,AGED 64 YEARS S/O.ACHUTHAN NAIR, MANGATILIYIL
,POONATH MAYANNUR, THRISSUR-679 105, SECRETARY, MAYANNUR THALAPPOLI
MAHOLSAVA COMMITTEE, MAYANNUR DESOM, MAYANNUR , THRISSUR-679 105
RESPONDENTS:
1. DISTRICT COLLECTOR FIRST FLOOR , CIVIL STATION, CIVIL LINES RD,
KALYAN NAGAR, AYYANTHOLE, THRISSUR-680 003
2. DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, THRISSUR-680 003
3. ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION,
THRISSUR-680 003
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 17-4-2022 at 7.30 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, Advocate for the petitioner, GOVERNMENT PLEADER for
respondents 1 to 3 and of ASSISTANT SOLICITOR GENERAL OF INDIA for
respondents 4 & 5, the court passed the following:-
P.T.O.
WP(C) No.13913/2022 2/5
VIJU ABRAHAM, J.
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W.P.(C) No.13913 of 2022
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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 on 17.04.2022
in connection with the festival at Sree Kurumba
Bhagavathy 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
WP(C) No.13913/2022 3/5
W.P.(C) No.13913 of 2022
writ petition and that the petitioner is ready and
willing to produce portable magazine/magazines to
the satisfaction of the Authorities and produce the
risk assessment plan and undertake to satisfy all
the other requisite conditions for 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 3 rd
respondent.
4. I have heard the learned Government
Pleader.
In view of the contention now taken in the writ
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W.P.(C) No.13913 of 2022
petition that they have scaled down the quantity of
fire works that is to be used, I feel it appropriate
that the 3rd respondent re-consider the claim of the
petitioner for permission to conduct fireworks during
the festival scheduled to be conducted on
17.04.2022. If the petitioner approaches the 3 rd
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.
H/o
Sd/-
VIJU ABRAHAM
JUDGE
SPR
12-04-2022 /True Copy/ Assistant Registrar
WP(C) No.13913/2022 5/5
APPENDIX OF WP(C) 13913/2022
Exhibit P6 TRUE COPY OF THE ORDER DATED 8.4.2022
NO.DCTSR/3820/2022/C6 OF THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN WPC
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
