M. Chandran vs District Collector
2024 Latest Caselaw 10456 Ker

Kerala High Court

M. Chandran vs District Collector 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. 563 OF 2024
AGAINST THE JUDGMENT DATED 09.04.2024 IN WP(C) NO.14631
OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:

    1      M. CHANDRAN, AGED 59 YEARS, S/O. MUTHU,
           PRESIDENT, SREE KURUMBA BHAGAVATHY PAKALVELA
           COMMITTEE, AYALUR, RESIDING AT ARIYAKODE HOUSE,
           NSS COLLEGE P.O., NENMARA, PALAKKAD DISTRICT.,
           PIN - 678 508

    2      SUBHASH, AGED 45 YEARS, S/O. DEVADAS BABU NAIR,
           PRESIDENT, SREE KURUMBA BHAGAVATHY TEMPLE VELA
           COMMITTEE, AYALUR, RESIDING AT AMMUTHALA VEEDU,
           AYILUR P.O., CHITTUR TALUK, PALAKKAD DISTRICT.,
           PIN - 678 510

          BY ADVS.
          P.R.VENKATESH
          LAKSHMI MEENAKSHI P.R.



RESPONDENTS/RESPONDENTS:

    1     DISTRICT COLLECTOR , COLLECTORATE, CIVIL
          STATION, PALAKKAD., PIN - 678 001

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

    3     TAHSILDAR, TALUK OFFICE, CHITTUR, PALAKKAD
          DISTRICT., PIN - 678 101

    4     DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT
          CHIEF POLICE, YAKKARA, NEAR KSRTC BUS STAND
 W.A No.563 of 2024

                                      ..2..


           PALAKKAD., PIN - 678 014

    5      DISTRICT OFFICER, FIRE & RESCUE OFFICE, CIVIL
           STATION, PALAKKAD., PIN - 678 001

    6      AYALUR GRAMA PANCHAYAT, REPRESENRED BY ITS
           SECRETARY ,AYALUR, PALAKKAD., PIN - 678 510

    7      DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM
           & EXPLOSIVES SAFETY ORGANISATION, (PESO),
           KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM., PIN - 682
           037

    8      VILLAGE OFFICER, VILLAGE OFFICE, AYALUR,
           PALAKKAD DISTRICT., PIN - 678 510

           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.563 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