Kerala High Court
P. Govindankutty vs District Collector on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 15009 OF 2024
PETITIONER:
P. GOVINDANKUTTY
AGED 78 YEARS
S/O. K. GOVINDAN, PRESIDENT, PAZHAMPALACODE DESAM VISHU
VELA COMMITTEE, RESIDING AT PULLATTU HOUSE,
PAZHAMBALACODE P.O., PALAKKAD DISTRICT, PIN - 678544
BY ADVS.
P.R.VENKATESH
ASHA P.KURIAKOSE
REJITHA RAJAN
LAKSHMI MEENAKSHI P.R.
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, PALAKKAD., PIN - 678001
2 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, CIVIL STATION, PALAKKAD., PIN - 678001
3 TAHSILDAR
TALUK OFFICE, ALATHUR, PALAKKAD DISTRICT., PIN - 678541
4 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT CHIEF POLICE, YAKKARA, NEAR KSRTC
BUS STAND PALAKKAD., PIN - 678014
5 DISTRICT OFFICER
FIRE & RESCUE OFFICE, CIVIL STATION, PALAKKAD.,
PIN - 678001
6 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM & EXPLOSIVES SAFETY ORGANISATION, (PESO),
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM., PIN - 682037
7 VILLAGE OFFICER
VILLAGE OFFICE, KAZHANI PAZHAMBALACODE RD, CHIRAKODE,
TARUR P.O,PALAKKAD., PIN - 678541
OTHER PRESENT:
SR.GP - DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.15009 of 2024 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.15009 of 2024
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Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed challenging Ext.P4 order
issued by the 2nd respondent, whereby Ext.P1 application submitted
for issuance of a LE - 6 licence for public display of fireworks
scheduled to be conducted on 14.04.2024 & 15.04.2024 in
connection with a temple festival was rejected.
2. The reasons stated in Ext.P4 for rejecting the application is
that there was delay in submitting the application, no magazine is
provided as per the Explosives Rules, 2008 and no risk assessment
plan was submitted and that the sample of the explosives was not
sent for examination to find out the presence of any illegal
ingredients. The learned Government Pleader submits that the
licensee who was entrusted to undertake the display of fire works
has no criminal antecedents.
3. The petitioner would contend that whatever defects that
have been noted in the impugned order will be cured and in the
place of a permanent magazine, a portable magazine to the
satisfaction of the licence issuing authority, ie. 2 nd respondent
Additional District Magistrate, will be provided. As regard non-
submission of the risk assessment plan the learned counsel for the
petitioner would submit that a proper risk assessment plan will be
submitted without any delay. Petitioner would submit that he would
replace the licensee with a new one with no criminal antecedents.
In view of the specific assertions made by the petitioner that
the defects noted in the impugned order will be cured and that he
will provide a portable magazine to the satisfaction of the 2 nd
respondent Additional District Magistrate, the licence issuing
authority and also the undertaking of the petitioner that he will
replace the licensee with one who has no criminal antecedents, I
am of the opinion that the matter requires to be reconsidered by
the 2nd respondent. The 2nd respondent shall reconsider the matter
on 12.04.2024 and take a decision in the matter after affording an
opportunity of being heard to the petitioner and the result shall be
intimated to the petitioner before 5'O clock on 12.04.2024 itself.
The 2nd respondent, if required shall take a decision after calling for
the meeting of any other authorities in person or through Video
Conference. The learned Government Pleader shall communicate
the order today itself to the 2 nd respondent. The petitioner shall
produce all the documents in support of his contentions for the
perusal of the 2nd respondent, who upon perusal of the same shall
take a decision afresh after hearing the petitioner. The
petitioner/authorised representative of the petitioner shall appear
before the 2nd respondent at 11.00 a.m. on 12.04.2024. The 2 nd
respondent while reconsidering the matter shall ensure that the
directives issued by the Ministry of Commerce referred to in the
impugned order including the distance criteria, providing of
barricades at 100 metres around the display site and verification of
the samples of fireworks are duly complied with. The risk
assessment plan and on site emergency plan re-submitted by the
petitioner shall be verified through the Disaster Management Team
under the District Administration and shall be duly prepared by the
District Administration before the fireworks display, if the
application is allowed on reconsideration. It is made clear that I
have not expressed any opinion on the merits of the case but only
directed reconsideration of the application for LE-6 licence if all
the defects noted in the impugned order are cured and taking into
consideration the fact that the fireworks display is scheduled to be
held on 14.04.2024 & 15.04.2024. It is also made clear that safety
of the public shall be of prime importance while reconsidering the
matter as directed above. The 2nd respondent will be free to even
reduce the quantity of fireworks to be used for the display if he
choose to allow the application. Respondents shall see that all
safety measures are implemented so as to avert any danger to the
public if the application is allowed upon reconsideration.
Writ petition is disposed of accordingly.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 15009/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION DATED
25.3.2024 SUBMITTED BY THE PETITIONER
BEFORE THE ADM
Exhibit P2 TRUE COPY OF THE LICENCE FORM LE-1 WHICH
IS RENEWED UP TO 31.03.2027
Exhibit P3 TRUE COPY OF THE REPORT OF THE TAHSILDAR,
ALATHUR TO THE DISTRICT COLLECTOR DATED
8.4.2024
Exhibit P4 TRUE COPY OF ORDER IN FILE NO.
DCPKD/1885/2024-D3 DATED 6.4.2024
REJECTING APPLICATION BY THE ADM
Exhibit P5 TRUE COPY OF THE ORDER DATED 24.2.2020 IN
W.P.(C) NO. 5261/2020 OF THE DIVISION
BENCH OF THIS HON'BLE COURT
Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER DATED 26.3.2024
Exhibit P7 TRUE COPY OF INSURANCE COVERAGE AS PER
POLICY ISSUED BY NEW INDIA ASSURANCE CO.
Exhibit P8 THE PAMPHLET OF THE VISHU VELA FESTIVAL
