Kerala High Court
Sivakumar Methil vs District Collector, Palakkad on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Friday, the 18th day of March 2022 / 27th Phalguna, 1943
WP(C) NO. 9135 OF 2022
PETITIONER:
SIVAKUMAR METHIL, AGED 58 YEARS S/O.A.PARAMESWARAN, METHIL HOUSE,
PUTHIYANKAM P.O., ALATHUR, PALAKKAD-678 545, PRESIDENT, PUTHIYANKAM
DESA COMMITTEE, PUTHIYANKAM P.O., PALAKKAD-678 545.
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, ERANKULAM-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 licence in Form LE-6 so as
to enable the petitioner to conduct public display of fireworks to be
conducted on 19th March 2022 at 6.00 PM to 9.00 PM using 1. 15000 Nos.
olapadakkam, 2. 250 Nos. Mazhathoranam, 3. 300 Nos. Mathappu, 4. 300 Nos.
Chinese crackers, 5. 300 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 and of GOVERNMENT
PLEADER for R1 to R3, ASSISTANT SOLICITOR GENERAL OF INDIA for R4 and R5,
the court passed the following:
p.t.o
Exhibit P5:- TRUE COPY OF THE ORDER DATED 17.03.2022 OF THE 3RD
RESPONDENT.
Exhibit P6:- TRUE COPY OF THE JUDGMENT DATED 24.02.2020 IN WPC
NO.5261/2020.
T.R.RAVI, J.
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W.P.(C)No.9135 of 2022
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Dated this the 18th day of March, 2022
ORDER
The writ petition has been filed challenging Ext.P5 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.P6,
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 is to have a portable
magazine at the time of fire works display. It is hence prayed
that as directed by this Court in Ext.P6, 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
W.P.(C)No.9135 of 2022
permitting the petitioner to conduct the fire works display as
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
