Krishnadas S vs The District Magistrate/District ...
2024 Latest Caselaw 10447 Ker

Kerala High Court

Krishnadas S vs The District Magistrate/District ... on 11 April, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                &
         THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                     WA NO. 554 OF 2024
AGAINST THE JUDGMENT DATED 09.04.2024 IN WP(C) NO.14322
OF 2024 OF HIGH COURT OF KERALA
APPELLANT:

           KRISHNADAS S., AGED 46 YEARS, SON OF P.
           SWAMINATHAN, PRESIDENT, SREE KALIMUTHI
           BHAGAVATHY THEKKE DESOM VELA COMMITTEE,
           CHARAPARAMBU, CHITHALI P.O., KUZHALMANNAM,
           PALAKKAD, RESIDING AT CHARAPARAMBU HOUSE,
           CHITHALI P.O., KUZHALMANNAM, PALAKKAD
           DISTRICT., PIN - 678 702

           BY ADVS.
           T.RAMPRASAD UNNI
           ASWINI SANKAR R.S.
           K.RAMAKUMAR (SR.)
           SHEHIN S.
           S.M.PRASANTH



RESPONDENTS:

    1      THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR
           COLLECTORATE, CIVIL STATION, KENATHUPARAMBU,
           KUNNATHURMEDU, PALAKKAD., PIN - 678 013

    2      THE ADDITIONAL DISTRICT MAGISTRATE
           COLLECTORATE, CIVIL STATION, KENATHUPARAMBU,
           KUNNATHURMEDU, PALAKKAD., PIN - 678 013

    3      THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
           SUB CIRCLE OFFICE, ERNAKULAM, KAKKANAD, KOCHI.,
           PIN - 682 030

    4      THE SUPERINTENDENT OF POLICE
           OFFICE OF THE SUPERINTENDENT OF POLICE, YAKKARA
 W.A No.554 of 2024

                                  ..2..


           ROAD, NEAR KSRTC BUS STAND, PALAKKAD., PIN -
           678 014

    5      THE SECRETARY
           DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION,
           MINISTRY OF COMMERCE AND INDUSTRY, UDYOG
           BHAVAN, NEW DELHI., PIN - 110 011

           SMT. B VINITHA    SR      GP


        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.04.2024,    THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.A No.554 of 2024

                                   ..3..


                     JUDGMENT

A. Muhamed Mustaque, J.

This matter relates to the conduct of fire works. The

learned Single Judge of this Court in W.P (C) No.11948 of

2023 passed an interim order permitting the fire works on

certain conditions. We also follow the same conditions and

that order shall be appended along with this judgment.

Therefore, we permit to conduct the fire works to a limited

quantity of 15 KG for maximum. The Police Department as

well as the Additional District Magistrate of competent

jurisdiction shall supervise the fire works. All other

conditions in the Explosives Act and Rules shall also be

followed.

2. However, for the next year onwards the

respondents can insist for the risk assessment plan as well as

for installing permanent magazine, if it is feasible.

This writ appeal stands disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

M.A.ABDUL HAKHIM JUDGE PR