Kerala High Court
Sunilkumar P.K vs The District Collector on 24 March, 2022
WP(C) No.10030/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 24th day of March 2022 / 3rd Chaithra, 1944
WP(C) NO. 10030 OF 2022(C)
PETITIONER:
SUNILKUMAR P.K AGED 48 YEARS S/O. BHASKARAN NAIR, PARUTHIKKATTU NAIR
VEEDU, PANGARAPPILLY, CHELAKKARA, THRISSUR-680586, PRESIDENT,
ANTHIMAHAKALAN KAVU VELA 2022, PANGARAPILLY DESOM COMMITTEE,
CHELAKKARA, THRISSUR-680586.
RESPONDENTS:
1. THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, CIVIL LINES RD,
KALYAN NAGAR, AYYANTHOLE, THRISSUR-680 003
2. ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION,
THRISSUR-680 003
3. DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, 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), KENDIRYA 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 2nd respondent to issue license in Form LE-6 so as
to enable the petitioner to conduct public display of fireworks to be
conducted on 27th March 2022 at 12.OO AM and 1.OO AM using 1. 15,000
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, GOVERNMENT PLEADER
for R1 to R3 and of ASSISTANT SOLICITOR GENERAL OF INDIA, for R4 & R5, the
court passed the following:
WP(C) No.10030/2022 2/4
T.R.RAVI, J.
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W.P.(C)Nos.10026, 10028, 10030 &10034 of 2022
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Dated this the 24th day of March, 2022
ORDER
The prayer in all these writ petitions is regarding
permission for public display of fire works during the annual
'vela' of the Chelakkara Anthimahakalankavu. The writ
petitions are preferred by persons from four different desoms.
It is submitted that a public display of fire works is being
conducted for the past several years. When the issue for
permission for fire works display came up during 2019, this
Court had granted permission subject to conditions. In Ext.P6
judgment, a Division Bench of this Court in similar situations
had found that the concerned authority had not considered
the feasibility of permitting the petitioners therein to use
portable magazines for the purpose of fire works display. The
counsel for the petitioners submits that since the quantity of
explosive that is to be used is very small, there is no
requirement to have a permanent magazine in the temple and
all that is required is to have a portable magazine at the time
of display of fire works. In paragraph No.6 of the writ petition,
the petitioner has identified the items of fire works which is
WP(C) No.10030/2022 3/4
W.P.(C)Nos.10026, 10028, 10030 &10034 of 2022
much less than the fire works display during the earlier years.
In the above circumstances, there will be an interim order
permitting the petitioners to conduct fire works display as
enumerated in paragraph No.6 of the writ petitions, if the
petitioners provide portable magazines to the satisfaction of the
authorities and also comply with all other conditions in the
licence. 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.
Post along with connected cases.
H/o.
Sd/-
T.R.RAVI, JUDGE
sn
24-03-2022 /True Copy/ Assistant Registrar
WP(C) No.10030/2022 4/4
APPENDIX OF WP(C) 10030/2022
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN WPC
NO.5261/2020
