Kerala High Court
Balakrishnan.E.K vs District Collector on 12 April, 2022
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. 13905 OF 2022(K)
PETITIONER:
BALAKRISHNAN.E.K., AGED 77 YEARS,S/O. KALLYANIAMMA, KRISHNA VIHAR,
KONDAZHY, THRISSUR-679106, PRESIDENT, MAYANNUR KAVU THALAPPOLI,
KONDAZHY DESOM, KONDAZHY, THRISSUR-679106.
RESPONDENTS:
1.DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
KALYAN NAGAR, AYYANTHOLE, THRISSUR-680003.
2. DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, THRISSUR-680003.
3. ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION,
THRISSUR-680003.
4. SECRETARY, DEPARTMENT OF INDUSTRIAL POLICE AND PROMOTION MINISTRY
OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI-110011.
5. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES
SAFETY ORGANISATION(PESO) KENDRIYA BHAVAN, KAKKANAD,
ERNAKULAM-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 direct the 3rd respondent to issue license in form Le-6 so as
to enable th petitioner to conduct public display of fireworks to be
conducted on 17-4-2022 between 7PM and 8PM 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 tobe
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, Advocates 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.
EXT.P6.TRUE COPY OF THE ORDER DATED 8-4-2022 NO. DCTSR/3815/2022/C6
OF THE 3RD RESPONDENT.
EXT.P7. TRUE COPY OF THE JUDGMENT DATED 24-2-2020 IN WP(C) NO.
5261/2020.
EXT.P8. TRUE COPY OF THE ORDER DATED 28-2-2022 IN WP(C) NO.
6673/2022.
EXT.P9. TRUE COPY OF THE ORDER DATED 8-4-2022 IN WP (C) NO.
13313/2022.
VIJU ABRAHAM, J.
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W.P.(C) No.13905 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 firework display in
connection with the festival to be conducted on
17.04.2022 at Mayannur Kavu Thalappoli, Kurumba
Bhavathy 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
W.P.(C) No.13905 of 2022
seen from the averment in paragraph No.6 of the
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 3rd respondent.
4. I have heard the learned Government
Pleader.
In view of the contention now taken in the writ
W.P.(C) No.13905 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.
Sd/-
VIJU ABRAHAM
JUDGE
SPR
12-04-2022 /True Copy/ Assistant Registrar
