Muthukrishnan vs The District Magistrate & District ...
2024 Latest Caselaw 10448 Ker

Kerala High Court

Muthukrishnan 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. 553 OF 2024
AGAINST THE JUDGMENT DATED 09.04.2024 IN WP(C) NO.14651
OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:

           MUTHUKRISHNAN, AGED 66 YEARS
           S/O.KESAVAN, PRESIDENT OF KANNADI PATHIKKAL
           SREE UCHIMAHALIYAMMAN SAHAYAM VISHU VELA
           COMMITTEE, KANNADI.P.O, PALAKKAD, PIN - 678 701

           BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENTS/RESPONDENTS:

    1      THE DISTRICT MAGISTRATE & DISTRICT COLLECTOR
           COLLECTORATE, CIVIL STATION, PALAKKAD, PIN -
           678 001

    2      ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE,
           CIVIL STATION, PALAKKAD, PIN - 678 001

    3      THE DISTRICT POLICE CHIEF, OFFICE OF THE
           DISTRICT POLICE CHIEF, YAKKARA, PALAKKAD, PIN -
           678 014

    4      THE ASSISTANT DIVISIONAL OFFICER, FIRE AND
           RESCUE SERVICES, CIVIL STATION, PALAKKAD, PIN -
           678 001

    5      THE TAHSILDAR, OFFICE OF THE TAHSILDAR,
           PALAKKAD.P.O, PALAKKAD, PIN - 678 001

    6      THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
           PETROLIUM & EXPLOSIVES SAFETY ORGANISATION,
           (PESO)KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN
 W.A No.553 of 2024

                                  ..2..


           - 682 037

           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.553 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