Kerala High Court
A.Krishnakumar vs District Collector on 20 April, 2023
WP(C) No.14338/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 20th day of April 2023 / 30th Chaithra, 1945
WP(C) NO. 14338 OF 2023
PETITIONER:
A.KRISHNAKUMAR, AGED 46 YEARS, S/O ARUMUGHAN, PARIYARATH (H),
THEKKEKARA VEMBALLUR, THENKURISSI-II, PALAKKAD-678502 SECRETARY,
MURINGAMALA VELA COMMITTEE VEMBALLUR P.O., PALAKKAD- 678502.
RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, KERALA - 678013.
2. REVENUE DIVISIONAL OFFICER, PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD,
KERALA- 678001.
3. ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION,
PALAKKAD- 678001.
4. SECRETARY, DEPARTMENT OF INDUSTRIAL POLICY 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 stay Exhibits P6, Exhibit P13 to the extent it directs magazine
for public display of fireworks, without actual storage of the fireworks
and risk assessment plan approved by PESO direct the 3rd respondent to
issue license in Form LE-6 so as to enable the petitioner to conduct
public display of fireworks to be conducted on 23rd April 2023 between
5.00 PM to 9 PM in connection with the festival of Sri. Durgadevi Temple,
Muringamala using 1.50000 Nos.olapadakkam, 2.450 Nos.Mazhathoranam 3.400
Nos.Mathappu, 4.400 Nos.Chinese crackers, 5.400 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, Advocate for the petitioner, the Court passed the
following:
p.t.o
WP(C) No.14338/2023 2/5
VIJU ABRAHAM, J.
======================================================
W.P.(C) No. 14338 of 2023
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Dated this the 20th day of April, 2023
ORDER
The petitioner has approached this Court challenging Ext.P6
order, wherein his LE-6 licence has been rejected for the reason
that no permanent magazine has been provided and further that no
risk assessment plan and on-site emergency plan was submitted.
The petitioner submits that as regards the first objection of not
having a magazine, what is done by the petitioner is public display
of fire works, which does not require a magazine and the
petitioner relies on Rule 113 of the Explosive Rules in support of
his contentions. But the petitioner further submits that he is ready
and willing to provide a portable magazine for the said purpose.
As regards the other objections regarding non production of risk
assessment plan and on-site emergency plan, the petitioner
submits that he is ready and willing to produce the same before the
3rd respondent. The petitioner further submits in similar matters
WP(C) No.14338/2023 3/5
W.P.(C). No. 14338 of 2023
this Court has interfered and granted orders as evident from
Exts.P7 to P11 and P14 orders. The petitioner further submits that
he is ready to limit the usage of explosives substances below 15
Kilograms.
2. In view of the same, I am of the opinion that the
matter requires reconsideration by the 3rd respondent. Therefore,
Ext.P6 is set aside. There will be a direction to the 3 rd respondent
to reconsider the matter, in the light of Exts.P7 to P11 and P14
orders. The 3rd respondent, while reconsidering the matter, shall
also take into consideration imposing of any other additional
condition for the safety of the people and reduce the quantity of
fireworks so that no danger is caused to the general public. The
petitioner shall also comply with the direction No.7 in Ext.P13.
Ext.P1 application submitted by the petitioner shall be
reconsidered by the 3rd respondent and a decision has to be taken
on or before 22.04.2023. The petitioner shall be afforded an
WP(C) No.14338/2023 4/5
W.P.(C). No. 14338 of 2023
opportunity of being heard and he shall be present before the 3 rd
respondent at 11.00 am on 22.04.2023. Orders as directed above
shall be passed on that day itself, and duly communicated to the
petitioner. The 3rd respondent is free to oversee the display of
fireworks through himself or through any officer under him, if he
finds it necessary.
Sd/-
VIJU ABRAHAM
JUDGE
das
20-04-2023 /True Copy/ Assistant Registrar
WP(C) No.14338/2023 5/5
APPENDIX OF WP(C) 14338/2023
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY
THE PETITIONER ON 18.2.23
Exhibit P6 TRUE COPY OF THE ORDER DATED 17.04.2023 NO.
DCPKD/2871/2023/D3
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C)
NO.5261/2020
Exhibit P8 TRUE COPY OF THE ORDER DATED 28.02.2022 IN WPC
NO.6673/2022
Exhibit P9 TRUE COPY OF THE ORDER DATED 08.04.2022 IN WPC
NO.13313/2022
Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED IN WPC
NO.3670/2023 DATED 09.02.2023
Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 28.03.2023 IN WPC
NO.10817/2023
Exhibit P13 TRUE COPY OF THE COMMUNICATION NO.M-42/D1 DATED
1.2.2023
Exhibit P14 TRUE COPY OF THE ORDER DATED 8.3.2023 IN WPC
NO.8036/2023
20-04-2023 /True Copy/ Assistant Registrar
