Ajithkumar N vs State Of Kerala
2023 Latest Caselaw 4277 Ker

WP(C) No.11629/2023                      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. 11629 OF 2023(C)
   PETITIONER:

          AJITHKUMAR N. S/O NARAYANAN A., AGED 46 YEARS, EXECUTIVE MEMBER OF
          THE VALLANGHI VELA COMMITTEE, VALLANGHI VELA COMMITTEE OFFICE,
          VALLANGHI, NEMMARA P.O., PALAKKAD, PIN - 678508 PERMANENTLY RESIDING
          AT KALATHIL HOUSE, VAKKODE, VALLANGHY, NEMMARA P.O., PALAKKAD
          DISTRICT, PIN - 678508

   RESPONDENTS:

      1. THE STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
         HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
         695001
      2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KENATHUPARAMBU,
         KUNNATHURMEDU PALAKKAD, PIN - 678013
      3. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION,
         KENATHUPARAMBU KUNNATHURMEDU PALAKKAD, PIN - 678013
      4. THE TAHSILDAR OF CHITTUR TALUK, TALUK OFFICE, KACHERIMEDU, CHITTUR,
         PALAKKAD, PIN - 678101
      5. THE SUPERINTENDENT OF POLICE, OFFICE OF SUPERINTENDENT OF POLICE,
         YAKKARA ROAD, NEAR KSRTC BUS STAND, PALAKKAD, PIN - 678014
      6. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM & EXPLOSIVES
         SAFETY ORGANISATION(PESO), SUB CIRCLE OFFICE, 1ST FLOOR, CGO
         COMPLEX, KAKKANAD, ERNAKULAM, PIN - 682021


        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 petitioner to
   display fireworks as requested by him in Exhibit P-1 application, after
   imposing reasonable restrictions in connection with the festival in Sree
   Nellikulangara Bhagavathy Temple Nemmara organized by the Vallanghi Desam
   and falling on the 03rd, 4th of April 2023 and to issue such further or
   other orders in the circumstances of the case, 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.N.SATHEESH KUMAR(NEMMARA) & SANTHOSHKUMAR N., Advocates for the
   petitioner, GOVERNMENT PLEADER for R1 to R5 and of DEPUTY SOLICITOR
   GENERAL OF INDIA for R6, the court passed the following:
 WP(C) No.11629/2023                      2/4




                                  VIJU ABRAHAM , J.
                       ===========================
                              WP(C) No. 11629 of 2023
                       ============================
                        Dated this the 31st day of March, 2023

                                        ORDER

Petitioner has approached this Court aggrieved by Ext P4

order whereby Ext P1 application was rejected. The application is

rejected for the reason that the petitioner does not have a

magazine and further that petitioner has not produced on-site risk

assessment plan and on-site emergency plan.

2. Petitioner submits that, what he is undertaking is only a

display of firework which does not require a magazine as per the

rule, but he is 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,

petitioner submits that he has already submitted the same, and if

the same is not already submitted, petitioner shall undertake to

produce the same before the 3rd respondent. Petitioner further

undertakes that, he will limit the quantity of explosives used as

directed by the 3rd respondent. Petitioner submits that, in similar

circumstances on previous year, as per Ext P5 order petitioner was WP(C) No.11629/2023 3/4

granted permission for display of fireworks. Petitioner also relies

on 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.

Petitioner submit that the festival is scheduled to start from

03.04.2023 onwards. Therefore, there will be a direction to the 3 rd

respondent to reconsider Ext P1 application submitted by the

petitioner and pass appropriate order on or before 01.04.2023. To

facilitate a reconsideration of the order, petitioner shall be present

before the 3rd respondent at 11 AM on 01.04.2023 and order shall

be passed after affording an opportunity of being heard to the

petitioner. An order shall be passed and communicated to the

petitioner tomorrow itself. The 3rd respondent Additional District

Magistrate shall be entitled to impose any other additional

conditions to avert any situation which cause danger to the public.

The 3rd respondent shall depute his officers to oversee the fire

display, in the event of grant of permission as sought for.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

            HANDOVER
31-03-2023                        /True Copy/                         Assistant Registrar
 WP(C) No.11629/2023                    4/4

                       APPENDIX OF WP(C) 11629/2023
Exhibit P-1           THE PHOTOCOPY OF THE PETITIONER'S APPLICATION IN FORM

AE-6 SUBMITTED BEFORE THE ADDL DISTRICT MAGISTRATE PALAKKAD DATED 16/03/2023 Exhibit P-4 THE PHOTOCOPY OF THE ORDER DCPKD/2852/2023-D3 DATED 29/03/2023 OF THE 3RD RESPONDENT Exhibit P-5 THE PHOTOCOPY OF THE INTERIM ORDER DATED 1/04/2022 IN WPC 11777/2022

31-03-2023 /True Copy/ Assistant Registrar