M Murugan Kutty vs The State Of Kerala
2023 Latest Caselaw 3670 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         Wednesday, the 29th day of March 2023 / 8th Chaithra, 1945
                          WP(C) NO. 11135 OF 2023
PETITIONER:

     M. MURUGAN KUTTY, AGED 63 YEARS, S/O. U.LAKSHMANAN NAIR, PRESIDENT
     OF THEKKETHARA NAIR SAMAJAM AND MELARCODE THEKKETHARA VELA
     COMMITTEE, RESIDING AT NALINI MANDIRAM, MELARCODE VILLAGE, ALATHUR
     TALUK, PALAKKAD, PIN - 678703.

RESPONDENTS:

  1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO
     GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
     695001.
  2. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD, PIN - 678001.
  3. ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, PALAKKAD, PIN -
     678001.
  4. THE SUPERINTENDANT OF POLICE, PALAKKAD, DISTRICT POLICE OFFICE,
     PALAKKAD - 678001.
  5. THE TAHSILDAR, ALATHUR TALUK, TALUK OFFICE, PALAKKAD, PIN - 678541.
  6. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES
     SAFETY ORGANISATION (PESO), C2 - III FLOOR, CGO COMPLEX,
     KAKKANAD, ERNAKULAM, PIN - 682030.


     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 pass an order directing the 3rd Respondent to issue license in
Form AE-6 so as to enable the petitioner to conduct public display of
fireworks on 31-3-2023 and 1-4-2023 in connection with the festival in the
Sree Thazhekkottu Bhagavathy (Nair veedu) and Sree Thazhekkottu Bhagavathy
(valiya kavau) temples, Melarcode, Alathur, pending disposal of the above
Writ Petition.


     This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S P.B.SUBRAMANYAN, P.B.KRISHNAN, SABU GEORGE, B.ANUSREE & MANU VYASAN
PETER, Advocates for the petitioner and of GOVERNMENT PLEADER for R1, the
court passed the following:
                       VIJU ABRAHAM, J.
           ----------------------------------------------
                 W.P.(C) No.11135 of 2023
         --------------------------------------------------
           Dated this the 29th day of March, 2023

                           ORDER

The petitioner has approached this Court aggrieved by

Ext.P9 order passed by the 3rd respondent. The application

for LE-6 licence has been rejected for the reason that a

magazine as mandated by the PESO as well as risk

assessment plan and on site emergency plan had not been

submitted by the petitioner. The petitioner submits that on

earlier occasion, in respect of the very same temple, this

Court has granted permission as is evident from Ext.P10

judgment.

2. The learned Government Pleader as well as the

learned DSGI appearing for the 6th respondent would submit

that the petitioner has not provided a magazine as mandated

by the Explosives Rules and therefore there shall be no

interference on Ext.P9 order. The petitioner has a specific

case that what is being done is display of firework and does W.P.(C) No.11135 of 2023

not require a permanent magazine but he is ready and

willing to provide a portable magazine for the said

purpose. He also undertakes that he will limit the quantity

of firework to 15 Kgs. It is seen that in similar

circumstances this Court has issued directions for

reconsideration of the application submitted by the

petitioner therein.

3. Therefore taking into consideration, the facts

and circumstances, I am inclined to pass an interim order

directing the 3rd respondent to reconsider Ext.P1

application. The 3rd respondent is free to impose any

other additional condition in view of the safety of the

public at large. Since the festival is scheduled to be held

on 31st March and 01st April 2023, Ext.P1 application shall

be reconsidered and fresh orders shall be passed on or

before 31.03.2023. To facilitate a reconsideration of the

matter, the petitioner shall be present before the 3 rd

respondent at 11.00 AM on 31.03.2023. Order shall be

passed by the 3rd respondent on the very same day and be W.P.(C) No.11135 of 2023

communicated to the petitioner. It is made clear that, the

officers of the 3rd respondent and the 6th respondent shall

oversee the firework display, if found necessary.

The petitioner, also undertake to produce risk

assessment plan and onsite emergency plan before the 3 rd

respondent, for reconsideration of the application.

Sd/-

VIJU ABRAHAM JUDGE

SPR