Kerala High Court
T G Asokan vs District Collector on 31 March, 2023
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 6274 OF 2023
PETITIONER:
V. SURESHKUMAR
AGED 49 YEARS
S/O SETHUMADHAVAN, VAKKADA HOUSE, KUMARANELLUR P.O
THRISSUR, PIN- 680590 TREASURER, SREE
RUDHIRAMAHAKALIKAVU POORAM ENKAKAD DESOM THRISSUR-
680589, PIN - 680589
BY ADV L.RAJESH NARAYAN
RESPONDENTS:
1 DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN
NAGAR, AYYANTHOLE, THRISSUR- 680 003, PIN - 680003
2 DISTRICT POLICE CHIEF
THRISSUR- 680 003, PIN - 680003
3 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE CIVIL STATION, THRISSUR- 680 003, PIN -
680003
4 TAHSILDAR
THALAPPILLY TALUK, THRISSUR- 680 003, PIN - 680003
5 VILLAGE OFFICER
ENKAKAD VILLAGE, THRISSUR- 680 003, PIN - 680003
6 SECRETARY
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN NEW
DELHI- 110011, PIN - 110011
7 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO)
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- 682 037, PIN -
682037
GP - SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, ALONG WITH WP(C).6353/2023, 6367/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 6353 OF 2023
PETITIONER:
T G ASOKAN
AGED 71 YEARS
S/O T.V GOVINDAN, ANUPAMA, NEAR GIRLS H.S
WADAKANCHERY, THRISSUR, PIN- 680582 PRESIDENT,
UTHRALIKKAVU TEMPLE VELA WADAKANCHERY DESAM,
COMMITTEE, PIN - 680582
BY ADV L.RAJESH NARAYAN
RESPONDENTS:
1 DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN
NAGAR, AYYANTHOLE, THRISSUR- 680 003, PIN - 680003
2 DISTRICT POLICE CHIEF
THRISSUR- 680 003, PIN - 680003
3 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE CIVIL STATION, THRISSUR- 680 003, PIN -
680003
4 TAHSILDAR
THALAPPILLY TALUK, THRISSUR- 680 003, PIN - 680003
5 VILLAGE OFFICER
ENKAKAD VILLAGE, THRISSUR- 680 003, PIN - 680003
6 SECRETARY
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN NEW
DELHI- 110011, PIN - 110011
7 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO)
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- 682 037, PIN -
682037
BY G.P., SRI. SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2023, ALONG WITH WP(C).6274/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 6367 OF 2023
PETITIONER:
KRISHNAKUMAR K.K
AGED 49 YEARS
S/O KUNJIKRISHNAN PANICKER, KALARIKKAL PYNKULAM
PYNKULAM, CHERUTHURUTHY, THRISSUR-679531 SECRETARY,
VAZHALIKAVU DEVASWAM, PIN - 679531
BY ADV L.RAJESH NARAYAN
RESPONDENTS:
1 DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN
NAGAR, AYYANTHOLE, THRISSUR- 680 003, PIN - 680003
2 REVENUE DIVISIONAL OFFICER
FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN
NAGAR, AYYANTHOLE, THRISSUR- 680 003, PIN - 680003
3 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE CIVIL STATION, THRISSUR -680003, PIN -
680003
4 DISTRICT POLICE CHIEF, THRISSUR (CITY)
RAMAVARMAPURAM ROAD, MANNUMKAD, RAMAVARMAPURAM,
THRISSUR-680631, PIN - 680631
5 SECRETARY
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN,
NEW DELHI- 110011, PIN - 110011
6 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO)
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- 682 037, PIN
- 682037
BY G.P., SRI.SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2023, ALONG WITH WP(C).6274/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 6531 OF 2023
PETITIONER:
K. SREENIVASAN
AGED 57 YEARS
S/O KESAVAN, "NIVEDHYAM" PADUR P.O KAVASSERY VIA,
ALATHUR, PALAKKAD- 678543, PIN - 678543
BY ADV L.RAJESH NARAYAN
RESPONDENTS:
1 DISTRICT COLLECTOR
KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA
678013, PIN - 678013
2 REVENUE DIVISIONAL OFFICER
PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD, KERALA 678
001, PIN - 678001
3 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE CIVIL STATION, PALAKKAD -678 001, PIN
- 678001
4 SECRETARY
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN,
NEW DELHI- 110011, PIN - 110011
5 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO)
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- 682 037, PIN
- 682037
BY ADV MANU S. DSG OF INDIA
G.P., SRI. SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.03.2023, ALONG WITH WP(C).6274/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
5
VIJU ABRAHAM , J.
===========================
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
============================
Dated this the 31st day of March, 2023
JUDGMENT
In the light of the interim orders, the writ petitions are closed
leaving open all contentions of both sides.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
APPENDIX OF WP(C) 6353/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPLICATION FORM DATED
30.12.2022
Exhibit P-2 TRUE COPY OF THE LICENSE ISSUED IN FORM
20 DATED 30.10.03 TO SRI. K.GOPALAN
Exhibit P-3 TRUE COPY OF THE PROCEEDINGS
DCPKD/10832/2020-D3 DATED 23.4.2021
Exhibit P-4 TRUE COPY OF THE SITE PLAN FOR THE
CONDUCT OF FIRE WORKS DISPLAY
Exhibit P-5 TRUE COPY OF THE SITE EMERGENCY PLAN
Exhibit P-6 TRUE COPY OF THE AFFIDAVIT COUNTERSIGNED
BY THE VILLAGE OFFICER ON 16.1.23
Exhibit P-7 TRUE COPY OF THE INSURANCE POLICY DATED
16.2.2023
Exhibit P8 TRUE COPY OF THE LICENSE IN FORM LE-3 FOR
THE MAGAZINE DATED 10.5.2022
Exhibit P-9 TRUE COPY OF THE RELEVANT PAGES OF THE
DISASTER MANAGEMENT PLAN DATED 20.2.2019
Exhibit P-10 TRUE COPY OF THE RELEVANT PAGES OF THE
QUANTITATIVE RISK ASSESSMENT PLAN DATED
20.2.2019
Exhibit P-11 TRUE COPY OF THE LICENSE DATED 6.3.2019
ISSUED BY THE 7TH RESPONDENT
Exhibit P-12 TRUE COPY OF THE REPORT NO. 29/2023 DATED
16.01.2023 OF THE 5TH RESPONDENT
Exhibit P-13 TRUE COPY OF THE NO OBJECTION CERTIFICATE
NO. G5-1130/2023 DATED 15.02.2023 OF THE
SECRETARY, VADAKKANCHERY NAGARASABHA
Exhibit P-14 TRUE COPY OF THE ORDER DATED 17.2.2023
NO.DCTSR/50/2023/C6
Exhibit P-15 TRUE COPY OF THE ORDER DATED 28.2.2022 IN
WPC NO.6673/2022
Exhibit P-16 TRUE COPY OF THE ORDER DATED 8.4.2022 IN
WPC NO.13313/2022
Exhibit P-17 TRUE COPY OF THE INTERIM ORDER DATED
21.2.2023 IN WPC NO.5795/2023
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
APPENDIX OF WP(C) 6367/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM
SUBMITTED BY THE PETITIONER IN FORM AE-6
DATED 29.11.2022
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED IN FORM
NO. 20 ISSUED TO SRI GANGADHARAN DATED
17.8.98
Exhibit P3 TRUE COPY OF THE PROCEEDINGS
NO.DCPKD/1991/2020-D3 DATED 16.12.2021
Exhibit P4 TRUE COPY OF THE SITE PLAN FOR THE
CONDUCT OF FIRE WORKS DISPLAY ON 24 AND
25TH OF FEBRUARY
Exhibit P5 TRUE COPY OF THE REPORT SUBMITTED BY THE
VILLAGE OFFICER, PANJAL-PAINKULAM
NO.10/23 DATED 16.1.23 TO THE TAHSILDAR,
THALAPPILLY
Exhibit P6 TRUE COPY OF THE INSURANCE POLICY DATED
23.2.2023
Exhibit P7 TRUE COPY OF THE ORDER DATED 22.2.2023
NO. DCTSR/13164/2022/C6
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 24.2.2020
IN W.P (C) NO.5261/2020
Exhibit P9 TRUE COPY OF THE ORDER DATED 28.2.2022 IN
WPC NO.6673/2022
Exhibit P10 TRUE COPY OF THE ORDER DATED 8.4.2022 IN
WPC NO.13313/2022
Exhibit P11 TRUE COPY OF THE INTERIM ORDER IN WPC
NO.3670/2023 DATED 9.2.2023
Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED
21.2.2023 IN WPC NO.5795/2023
RESPONDENT ANNEXURES
Annexure R5(b) True copy of the letter dated 01.02.2023
issued by Dy. Chief Controller of
Explosives
Annexure R5(a) True copy of the revised directives
issued by the Ministry of Commerce and
Industry in the year 2017
Annexure R5(c) True copy of the GSR 17(E) dated
09.01.2019 published in Gazette of India
- Extraordinary
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
APPENDIX OF WP(C) 6531/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPLICATION FORM NO. AE-
6 SUBMITTED BY THE PETITIONER
Exhibit P-2 TRUE COPY OF THE PROCEEDINGS
DCPKD/10832/2020-D3 DATED 23.4.2021
Exhibit P-3 TRUE COPY OF THE ON SITE EMERGENCY PLAN
FOR THE CONDUCT OF FIRE WORKS DISPLAY ON
24.2.2023
Exhibit P-4 TRUE COPY OF THE ON SITE PLAN FOR THE
CONDUCT OF FIRE WORKS DISPLAY ON
25.2.2023
Exhibit P-5 TRUE COPY OF THE INSURANCE POLICY DATED
22.12.2022
Exhibit P-6 TRUE COPY OF THE ORDER DATED 23.02.2023
NO.DCPKD/133/2023/D3
Exhibit P-7 TRUE COPY OF THE JUDGMENT DATED 24.2.2020
IN W.P (C) NO.5261/2020
Exhibit P-8 TRUE COPY OF THE ORDER DATED 28.2.2022 IN
WPC NO.6673/2022
Exhibit P-9 TRUE COPY OF THE ORDER DATED 8.4.2022 IN
WPC NO.13313/2022
Exhibit P-10 TRUE COPY OF THE INTERIM ORDER IN WPC
NO.3670/2023 DATED 9.2.2023
Exhibit P-11 TRUE COPY OF THE INTERIM ORDER DATED
21.2.2023 IN WPC NO.5795/2023
Annexure R4(a) True copy of the revised directives
issued in the year 2017
Annexure R4(b) True copy of the said letter dated
01.02.2023 issued to the District
Magistrate
Annexure R4(c) True copy of the GSR dated 09.01.2019
WP(C) Nos. 6274, 6353, 6367 & 6531 of 2023
APPENDIX OF WP(C) 6274/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM DATED
27.12.2022
Exhibit P-2 TRUE COPY OF THE LICENSE ISSUED IN FORM
20 DATED 11.8.98 TO SRI. C.GANGADHARAN
Exhibit P-3 TRUE COPY OF THE PROCEEDINGS
DCPKD/1991/2020-D3 DATED 16.12.2021
Exhibit P-4 TRUE COPY OF THE SITE PLAN FOR THE
CONDUCT OF FIRE WORKS DISPLAY
Exhibit P-5 TRUE COPY OF THE SITE EMERGENCY PLAN
Exhibit P-6 TRUE COPY OF THE AFFIDAVIT COUNTERSIGNED
BY THE VILLAGE OFFICER ON 16.1.23
Exhibit P-7 TRUE COPY OF THE INSURANCE POLICY DATED
16.2.2023
Exhibit P-8 TRUE COPY OF THE LICENSE IN FORM LE-3 FOR
THE MAGAZINE DATED 10.5.2022
Exhibit P-9 TRUE COPY OF THE RELEVANT PAGES OF THE
DISASTER MANAGEMENT PLAN DATED 20.2.2019
Exhibit P-10 TRUE COPY OF THE RELEVANT PAGES OF THE
QUANTITATIVE RISK ASSESSMENT PLAN DATED
20.2.2019
Exhibit P-11 TRUE COPY OF THE LICENSE DATED 6.3.2019
ISSUED BY THE 7TH RESPONDENT
Exhibit P12 TRUE COPY OF THE REPORT NO. 28/2023 DATED
16.01.2023 OF THE 5TH RESPONDENT
Exhibit P-13 TRUE COPY OF THE NO OBJECTION CERTIFICATE
NO. G5-1130/2023 DATED 15.02.2023 OF THE
SECRETARY, VADAKKANCHERY NAGARASABHA
Exhibit P-14 TRUE COPY OF THE ORDER DATED 17.2.2023
NO.DCTSR/14219/2022/C6
Exhibit P-15 TRUE COPY OF THE ORDER DATED 28.2.2022 IN
WPC NO.6673/2022
Exhibit P-16 TRUE COPY OF THE ORDER DATED 8.4.2022 IN
WPC NO.13313/2022
