Balagangadharan K.V vs The District Magistrate ...
2022 Latest Caselaw 3231 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                   WP(C) NO. 8425 OF 2022
PETITIONER/S:

          BALAGANGADHARAN K.V, AGED 72 YEARS
          S/O. K.V. CHANDRASEKHARAN NAIR, PRESIDENT,
          REPRESENTING KAVASSERY POORAM CO -ORDINATION
          COMMITTEE, KAVASSERY P.O. KAVASSERI, PALAKKAD
          DISTRICT 678 543. RESIDING AT VETTATH HOUSE,
          KAVASSERY P.O., PALAKKAD DISTRICT 678 543.
          BY ADVS.
          K.RAMAKUMAR (SR.)
          T.RAMPRASAD UNNI
          S.M.PRASANTH
          G.RENJITH
          R.S.ASWINI SANKAR
          T.H.ARAVIND


RESPONDENT/S:

    1     THE DISTRICT MAGISTRATE /DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION,
          KENATHUPARAMBA, KUNNATHURMEDU,
          PALAKKAD 678 013.
    2     THE ADDITIONAL DISTRICT MAGISTRATE,
          COLLECTORATE, CIVIL STATION,KENATHUPARAMBU,
          KUNNATHURMEDU, PALAKKAD 678 013.,
    3     THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE,
          SUB CIRCLE OFFICE, ERNAKULAM, KAKKANAD,
          KOCHI 682 030.
    4     THE SUPERINTENDENT OF POLICE,
          OFFICE OF HE SUPERINTENDENT OF POLICE,
          YAKKAKARA ROAD, NEAR KSRTC BUS STAND,
          PALAKKAD 678 014.
                                        -2-
W.P.(C). No. 8425 of 2022



OTHER PRESENT:

               SMT.VIDYA KURIAKOSE, GP



        THIS      WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON     18.03.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -3-
W.P.(C). No. 8425 of 2022



                            P.V.KUNHIKRISHNAN, J.
                            ======================================================

                              W.P.(C) No.8425 of 2022
                       =============================================================

                   Dated this the 18th day of March, 2022

                                         JUDGMENT

The above writ petition is filed with following prayers:

"i) To call for the records leading upto Ext.P5 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.

ii) To issue a writ of mandamus commanding the respondents to grant permission to the petitioner to display fireworks as requested by him in Exhibit P3 application, after imposing reasonable restrictions in connection with the festival in Parakkat Sree Bhagavathi Temple (Kavassry Pooram) organized by the petitioner and falling on the 16th, 17th and 18th of March, 2022 and to issue orders of permission, forthwith.

iii. To issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case." (Sic)

2. When this writ petition came up for consideration on

15.03.2022, this Court passed the following order:

"Heard the learned counsel for the petitioner and the learned Government Pleader.

W.P.(C). No. 8425 of 2022

2. This is a petition to grant permission to the petitioner to display fireworks as requested by him in Ext.P3 application, which his rejected as per Ext.P5. The counsel for the petitioner submitted that in the light of Ext.P6 order, there may be a direction to allow the fire works display in a reduced manner which is mentioned in paragraph 6 of the writ petition. According to the petitioner, the items proposed to be displayed are as follows:

Palm Leaf crackers - 15000 (Olapadakkam) Mazha Thoranam - 200 Mathappu - 300 Chinese Crackers - 300 Flower pot - 300 for each time as Vazhipadu

3. Considering Ext.P1 judgment and Ext.P6 order, I think the interim prayer can be allowed.

Therefore, there will be an interim order permitting the petitioner to conduct fire works display as enumerated in paragraph 6 in page 5 of the writ petition, if the petitioner provides portable magazine to the satisfaction of the authority and also complied with all other conditions in the licence. A copy of this writ petition shall be made available before the authorities to ensure that what is permitted is only what is asked for in paragraph 6 of the writ petition.

Issue a copy of this order today itself.

Post on 18.03.2022."

W.P.(C). No. 8425 of 2022

In the light of the above order, no further order is

necessary. Recording the order dated 15.03.2022, this writ

petition is closed. sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 8425 of 2022

APPENDIX OF WP(C) 8425/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF JUDGMENT DTD. 29.03.2017 IN WPC NO. 10613 OF 2017.

Exhibit P2 TRUE COPY OF JUDGMENT DTD. 13.03.2019 IN WPC NO. 7185 OF 2019.

Exhibit P3 TRUE COPY OF APPLICATION DTD.

31.01.2022 SUBMITTED BY THE PETITIONER BEFORE R2.

Exhibit P4 TRUE COPY OF RESOLUTION PASSED BY THE KAVASSERY GRAMA PANCHAYAT IN THE MEETING HELD ON 25.02.2022 ALONG WITH A COVERING LETTER NO. A4-298/2022 DATED 28.02.2022 SENT BY THE SECRETARY OF THE KAVASSERY GRAMA PANCHAYAT TO THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, PALAKKAD.

Exhibit P5 TRUE COPY OF ORDER NO.

DCPKD/1538/2022-D3 DATED 11.03.2022 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD TO THE PETITIONER.

Exhibit P6 TRUE COPY OF ORDER DATED 28.02.2022 IN WPC NO. 6673 OF 2022.