Kerala High Court
Kalimuthi Bhagavathy Temple Vela ... vs The State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15325 OF 2024
PETITIONER:
KALIMUTHI BHAGAVATHY TEMPLE VELA COMMITTEE
REP. BY ITS SECRETARY, KULAVANMUKKU,
KUZHALMANNAM, PALAKKAD DISTRICT,, PIN - 678702
BY ADVS.
RAJESH SIVARAMANKUTTY
VIJINA K.
ARUL MURALIDHARAN
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY ITS ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
PALAKKAD, OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD, PIN - 678001
3 THE ADDITIONAL DISTRICT MAGISTRATE PALAKKAD
OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE,
CIVIL STATION , PALAKKAD ., PIN - 678001
4 THE DISTRICT POLICE CHIEF
PALAKKAD, OFFICE OF THE DISTRICT POLICE CHIEF.
DPO ROAD, PALAKKAD, PIN - 678001
5 THE SECRETARY
KUZHALMANNAM GRAMA PANCHAYAT,
OFFICE OF THE SECRETARY,
KUZHALMANNANI GRAMA PANCHAYAT,
KUZHALMANNAM, PALAKHAD., PIN - 678702
6 THE DISTRICT FIRE OFFICER PALALKKAD
OFFICE OF THE DISTRICT FIRE OFFICER,
FIRE AND RESCUE SERVICES, BEHIND CIVIL STATION,
PALALKKAD, PIN - 678001
WP(C) No.15325 of 2024 2
7 THE TAHSILDAR
ALATHUR, OFFICE OF THE TAHSILDAR,
ALATHUR, PALAKKAD, PIN - 678541
8 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
OFFICE OF THE DEPUTY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM, PIN - 682030
9 THE SUB INSPECTOR OF POLICE
KUZHALMANNAM POLICE STATION, KUZHALMANNAM,
PALAKKAD DISTRICT., PIN - 678702
SR.GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.15325 of 2024 3
VIJU ABRAHAM, J.
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W.P.(C) No.15325 of 2024
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Dated this the 12th day of April, 2024
JUDGMENT
The above writ petition is filed challenging Ext.P4 order issued by
the 3rd respondent, whereby Exts.P1 and P2 applications submitted for
issuance of LE - 6 licence for public display of fireworks scheduled to be
conducted on 17.04.2024 in connection with a temple festival were
rejected.
2. The reasons stated in Ext.P4 for rejecting the applications are that
there was delay in submitting the application, no permanent magazine is
provided as per the Explosives Rules, 2008 and no risk assessment plan
and on site emergency plan were submitted and that the sample of the
explosives was not sent for examination through the Regional Chemical
Examiner's Laboratory, Ernakulam to find out the presence of any illegal
ingredients.
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. 3rd respondent Additional District Magistrate, will be provided.
As regard non-submission of the risk assessment plan and on site
emergency plan the learned counsel for the petitioner would submit that a
proper risk assessment plan and on site emergency plan will be submitted
without any delay.
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 3rd respondent Additional
District Magistrate, the licence issuing authority, I am of the opinion that
the matter requires to be reconsidered by the said respondent. The 3 rd
respondent shall re-consider the matter on 15.04.2024 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 15.04.2024 itself. The 3rd 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 3rd respondent. The petitioner
shall produce all the documents in support of his contentions for the
perusal of the 3rd 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 3rd respondent at
11.00 a.m. on 15.04.2024. The 3rd respondent while re-considering 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 re-consideration 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 17.04.2024. It is also made clear that safety of
the public shall be of prime importance while reconsidering the matter as
directed above. The 3rd 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
cks
APPENDIX OF WP(C) 15325/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION IN FORM
AE-6 DATED 16-2-2024 ALONG WITH E-
CHALAN FOR REMITTANCE OF AMOUNT DATED
5-3-2024 MADE BY PETITIONER AND
SUBMITTED BEFORE 3RD RESPONDENT.
Exhibit P2 A TRUE COPY OF THE APPLICATION IN FORM
AE-6 UNDER RULE 113 OF EXPLOSIVES
RULES, 2008 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P3 A TRUE COPY OF THE REPORT DATED 23-3-
2024 ISSUED BY 7TH RESPONDENT TO 2ND
RESPONDENT
Exhibit P4 A TRUE COPY OF THE ORDER DATED 6-4-2024
IN FILE NO. DCPKD/2597/2024-D3 PASSED
BY THE 3RD RESPONDENT
Exhibit P5 A TRUE COPY OF THE ORDER DATED 114-2023
IN W.P.(C) NO. 12482/2023 PASSED BY
THIS HONOURABLE COURT
