Kerala High Court
K P Murukadas vs District Collector on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE T.R.RAVI
Friday, the 18th day of March 2022 / 27th Phalguna, 1943
WP(C) NO. 9343 OF 2022
NAME AND ADDRESS OF THE PETITIONER:
K.P. MURUKADAS, AGED 64 YEARS, PRESIDENT, KATTUSSERY VELA COMMITTEE,
RESIDING AT PULYAKODU HOUSE, KATTUSSERY POST, ALATHUR, PALAKKAD, PIN
- 678542
NAME AND ADDRESS OF THE RESPONDENT:
1. THE DISTRICT COLLECTOR, COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD- 678013.
2. DISTRICT POLICE CHIEF, OFFICE OF THE DISTRCT POLICE CHIEF, YAKKARA
ROAD, NEAR KSRTC BUS STAND, PALAKKAD, PIN - 678014.
3. ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD, PIN - 678014.
4. THE TAHSILDAR, TALUK OFFICE, COURT ROAD, ALATHUR, PALAKKAD,PIN -
678541
5. THE VILLAGE OFFICER, VILLAGE OFFICE, ALATHUR VILLAGE, COURT ROAD,
ALATHUR, PALAKKAD, PIN - 678541.
6. THE SECRETARY, DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION,
MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI, PIN -
110001.
7. 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 direct the respondents to permit the petitioner to conduct
public display fireworks be conducted on 19.03.2022 between 7 PM and 8PM
in connection with the Kattussery Vela, 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
M/s. MOLTY MAJEED, C.A.MAJEED, K.H.ASIF, MOLTY MAJEED, P.B.UNNIKRISHNAN
NAIR and RUBEN GEORGE ROCK, Advocates for the petitioner, the court passed
the following:
p.t.o
Exhibit P6: TRUE COPY OF THE ORDER DATED 17.03.2022 BEARING
NO.DCPKD/2022/2022/D3.
Exhibit P9: A TRUE COPY OF THE JUDGMENT DATED 24.02.2020 IN WP(C)
5261/2020.
T.R.RAVI, J.
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W.P.(C)No.9343 of 2022
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Dated this the 18th day of March, 2022
ORDER
The writ petition has been filed challenging Ext.P6 order
whereby the permission for fire works display was denied on
the ground that the petitioner has not provided the fire works
magazines as required under the Explosives Rules. In Ext.P9,
a Division Bench of this Court had considered a similar issue
and found that the authorities had not considered the
feasibility of of permitting the petitioner to use portable
magazines. The petitioner has specified the required quantity
of fire works in paragraph No.6 of the writ petition and
submits that all that is required to have a portable magazine
at the time of fire works display. It is hence prayed that as
directed by this Court in Ext.P9, if the petitioner provides
portable magazines to the satisfaction of the authorities, he
may also be permitted to conduct the fire works display.
In such circumstances, there will be an interim order
permitting the petitioner to conduct the fire works display as
W.P.(C)No.9343 of 2022
stated in paragraph No.6 of the writ petition, if the petitioner
provides portable magazines to the satisfaction of the authorities
and also complies with all other conditions. A copy of the writ
petition shall be made available before the authorities to ensure
that what is permitted is only what is asked for in paragraph
No.6 of the writ petition.
H/o
Sd/-
T.R.RAVI, JUDGE
sn
18-03-2022 /True Copy/ Assistant Registrar
