Manickan.T vs The District Magistrate & District ...
2024 Latest Caselaw 10450 Ker

Kerala High Court

Manickan.T 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. 559 OF 2024
AGAINST THE JUDGMENT DATED 09.04.2024 IN WP(C) NO.14672
OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:

           MANICKAN.T, AGED 64 YEARS, S/O.THEETHI.K,
           MANICKAMANDIRAM, ANACODE, CHERAMANGALAM.P.O,
           MELARCODE, PALAKKAD. SECRETARY, CHERAMANGALAM
           DESA VELA ULSAVA COMMITTEE, CHERAMANGALAM.P.O,
           ALATHUR, PALAKKAD, PIN - 678 703

           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,
           ALATHUR.P.O, PALAKKAD., PIN - 678 541

    6      THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
           PETROLIUM & EXPLOSIVES SAFETY ORGANISATION,
 W.A No.559 of 2024

                                    ..2..

           (PESO)KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN
           - 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.559 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