Kerala High Court
Madhavankutty vs The State Of Kerala on 31 March, 2023
WP(C) No.11452/2023 1/4
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. 11452 OF 2023(F)
PETITIONERS:
1. MADHAVANKUTTY, AGED 56 YEARS S/O.UNNIKUMARAN, MADHAVAM, THEKKEDATH
HOUSE, KUNISSERY - 678 581, PRESIDENT, NEMMARA DESOM, VELA
COMMITTEE, NEMMARA, PIN - 678508
2. PRASANTH K., AGED 44 YEARS S/O.P.U.PANKAJAKSHAN, KRISHNA PRASADAM,
MANANGOTH PARA, NEMMARA - 678 508, SECRETARY, NEMMARA DESOM, VELA
COMMITTEE, NEMMARA, PIN - 678508
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM , PIN - 695001
2. THE DISTRICT COLLECTOR, COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, KERALA , PIN - 678013
3. THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, PALAKKAD , PIN -
678001
4. THE ASSISTANT SUPERINTENDENT OF POLICE, NEMMARA, PALAKKAD , PIN -
678508
5. THE COCHIN DEVASWOM BOARD, THRISSUR, SWARAJ ROUND N, ROUND NORTH,
THRISSUR, KERALA, REPRESENTED BY ITS SECRETARY, PIN - 680001
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 respondents to grant permission to the petitioners
to display fireworks as requested by them in exhibit.P3 and exhibit.P4
application, after imposing reasonable restrictions in connection with the
festival in Sree Nellikulangara Bhagawati Temple Nemmara vallanghy vela
organized by the petitioners and falling on the 2nd , 3rd and 4th of
april, 2023 and to issue orders of permission
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
SRI.S.SREEKUMAR, SENIOR ADVOCATE along with M/S.P.MARTIN JOSE, P.PRIJITH,
THOMAS P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON, SACHIN
JACOB AMBAT, ANNA LINDA EDEN, HARIKRISHNAN S., Advocates for the
petitioners. GOVERNMENT PLEADER for R1 to R4 and of Standing Counsel for
R5, the court passed the following:
WP(C) No.11452/2023 2/4
VIJU ABRAHAM , J.
===========================
WP(C) No. 11452 of 2023
============================
Dated this the 31st day of March, 2023
ORDER
Petitioners have approached this Court aggrieved by Ext P13
order whereby Exts P2 and P4 applications were rejected. The
applications are rejected for the reason that the petitioners does
not have a magazine and further that petitioners have not
produced on-site risk assessment plan and on-site emergency plan.
2. Petitioners submit that, what they are undertaking is
only a display of firework which does not require a magazine as per
the rule, but they are ready and willing to provide a portable
magazine for the same. As regards the other objections are
concerned, the non-submission of risk assessment plan and on-site
emergency plan, petitioners submits that they have already
submitted the same, and if the same is not already submitted,
petitioners shall undertake to produce the same before the 3 rd
respondent. Petitioners further undertakes that, they will limit the
quantity of explosives used as directed by the 3 rd respondent.
Petitioners submits that, in similar circumstances on previous year,
as per Ext P9 order, petitioners were granted permission for display
WP(C) No.11452/2023 3/4
of fireworks. Petitioner also relies on Ext P8 judgment in WP(C) No.
11057/2018 in support of his contentions.
3. In view of the same, I am of the opinion that the matter
requires reconsideration at the hands of the 3 rd respondent.
Petitioners submit that the festival is scheduled to start from
02.04.2023 onwards. Therefore, there will be a direction to the 3 rd
respondent to reconsider Exts P3 and P4 applications submitted
by the petitioners and pass appropriate orders on or before
01.04.2023. To facilitate a reconsideration of the order, petitioners
shall be present before the 3rd respondent at 11 AM on 01.04.2023
and orders shall be passed after affording an opportunity of being
heard to the petitioners. An order shall be passed and
communicated to the petitioners tomorrow itself. The 3 rd
respondent Additional District Magistrate shall be entitled to
impose any other additional conditions to avert any situation
which cause danger to the public. The 3 rd respondent shall depute
his officers to oversee the fire display, in the event of granting
permission as sought for.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
HANDOVER
31-03-2023 /True Copy/ Assistant Registrar
WP(C) No.11452/2023 4/4
APPENDIX OF WP(C) 11452/2023
Exhibit P2 TRUE COPY OF LICENSE DATED 09-02-2022 ISSUED BY THE
CHIEF CONTROLLER OF EXPLOSIVES TO M/S.SONAL FIREWORKS,
SIVAKASI
Exhibit P3 TRUE COPY OF APPLICATION DATED 24-03-2023 IN FORM AE-6
UNDER RULE 113 OF EXPLOSIVE RULES, 2008, SUBMITTED BY
THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF APPLICATION DATED 07-03-2023 IN FORM AE-6
UNDER RULE 113 OF EXPLOSIVE RULES FOR GRANT OF LICENSE
FOR PUBLIC DISPLAY OF FIRE-WORKS SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF JUDGMENT DATED 28-03-2018 IN W.P.(C) 11057
OF 2018 OF THIS HON'BLE COURT
Exhibit P9 TRUE COPY OF INTERIM ORDER DATED 31-03-2022 IN
W.P.(C).NO.11486 OF 2022 OF THIS HON'BLE COURT
Exhibit P13 TRUE COPY OF ORDER DATED 27-03-2023 OF THE 3RD
RESPONDENT
31-03-2023 /True Copy/ Assistant Registrar
