Vincent. E. T vs State Of Kerala
2023 Latest Caselaw 5355 Ker

WP(C) No.14440/2023                       1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
             Tuesday, the 25th day of April 2023 / 5th Vaisakha, 1945
                            WP(C) NO. 14440 OF 2023(D)
   PETITIONER:

          VINCENT E.T., AGED 60 YEARS, PAVARATTY, ST. JOSEPH'S PARISH SHRINE,
          EDAKALATHUR HOUSE, P.O. PAVARATTY THRISSUR, KERALA, PIN - 680507

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
      2. THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, KALYAN NAGAR,
         AYYANTHOLE, THRISSUR, PIN - 680001
      3. THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, KALYAN NAGAR,
         AYYANTHOLE, THRISSUR, PIN - 680001
      4. THE DISTRICT POLICE CHIEF (CITY), OFFICE OF THE DEPUTY COMMANDANT,
         DIST. ARMED RESERVE, RAMAVARMAPURAM, THRISSUR, PIN - 680631
      5. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN,
         KAKKANAD, ERNAKULAM, KOCHI, PIN - 682037
      6. THE STATION HOUSE OFFICER, KATTOOR POLICE STATION, KATTOOR P.O.,
         THRISSUR, PIN - 680702
      7. THE ASSISTANT DIVISIONAL OFFICER, FIRE & RESCUE SERVICES, VIYYUR -
         THANIKKUDAM RD, RAMAVARMAPURAM, THRISSUR, PIN - 680010
      8. THE TAHSILDAR, THRISSUR, THRISSUR TALUK OFFICE, THRISSUR, KERALA,
         PIN - 680125


        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 issue an interim order commanding the 2nd respondent to permit
   the Petitioner to conduct public display of fireworks on 28.04.2023,
   29.04.2023, 30.04.2023, and 07.05.2023 in connection with the Thirunal
   festival at St.Joseph Parish Church subject to any conditions 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.M.S.AMAL DHARSAN & K.H.ABDUL SAMAD (CHAVAKKAD), Advocates for the
   petitioner and of GOVERNMENT PLEADER for respondents, the court passed the
   following:
 WP(C) No.14440/2023                           2/3

                                          ORDER

There will be a direction to the 2nd respondent to consider Exhibits P1 and P3 applications in accordance to the law and also in the light of Exhibits P7 and P8 judgments. The petitioner will appear before the Collector at 11.00 AM on 27.04.2023 and to produce such materials to substantiate his contentions. The District Collector will pass an order before 5.00 PM on the same day, the application preferred by the petitioner.

There will be a further direction to the petitioner to produce the copies of the judgments which he relies on.

Post on 28.04.2023.

                                                    Sd/- MOHAMMED NIAS C.P. JUDGE




25-04-2023                      /True Copy/                               Assistant Registrar
 WP(C) No.14440/2023                 3/3

                       APPENDIX OF WP(C) 14440/2023
Exhibit P1            A TRUE COPY OF THE UNDATED FORM AE-6 APPLICATION FOR

APPROVAL OF A LICENSE FOR THE PUBLIC DISPLAY OF FIREWORKS Exhibit P3 TRUE COPY OF THE UNDATED UPDATED AE 6 LICENSE APPLICATION SUBMITTED Exhibit P7 A TRUE COPY OF THE JUDGEMENT DATED 07.05.2019 IN WPC 13108 OF 2019 Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 24.02.2020 IN WPC 5261/2020