Kerala High Court
P.K.Jayakumar vs District Collector on 16 April, 2024
WP(C) No.15960/2024 1/4 Order Date : 16-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Tuesday, the 16th day of April 2024 / 27th Chaithra, 1946
WP(C) NO. 15960 OF 2024
PETITIONER:
P.K.JAYAKUMAR, AGED 58 YEARS, S/O. K.P.VISWANATHA MENON, SREE
SAYLAM, PUZHAKKALIDAM, VADAKKANCHERI-I, PALAKKAD-678 683,PRESIDENT,
SREEE NAGASAHAYAM VISHU VELA COMMITTEE, VADAKKANCHERY P.O.,
PALAKKAD.
RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, KERALA-678 013
2. REVENUE DIVISIONAL OFFICER PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD,
KERALA-678 001
3. ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD, KERALA-678 013
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Ext.P6 and direct the 3rd respondent to issue license in
form le-6 so as to enable the petitioner to conduct public display of
fireworks to be conducted on 17th April 2024 between 7.30 pm to 9.30 pm
with the quantity as stated in para 7 subject to any conditions to be
prescribed for the same pending consideration of the writ petition, in the
interest of justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. L.RAJESH NARAYAN Advocate for the petitioner, the court passed the
following:
WP(C) No.15960/2024 2/4 Order Date : 16-04-2024
SHOBA ANNAMMA EAPEN, J.
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WP(C) No. 15960 of 2024
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Dated this the 16th day of April, 2024
ORDER
The above writ petition is filed challenging Ext.P6 order
issued by the third respondent, whereby an application
submitted for issuance of an LE-6 licence for public display of
fireworks scheduled to be conducted on 17.04.2024 in
connection with a temple festival was rejected. The reasons
stated in Ext.P6 were that the petitioner has not produced the
risk assessment plan, onsite emergency plan and also he does
not have a magazine for the purpose of safe storage of
fireworks.
2. Learned counsel for the petitioner submits that
since the quantity of explosives used is very small, there is no
requirement to have a permanent magazine in the temple and
all that is required is to have a portable magazine at the time
of fireworks display.
3. In paragraph No.7 of the memorandum of writ
petition, the petitioner has sought for use of 150000 numbers
of Olappadakkam, 550 numbers of Mazhathoranam, 500
numbers of Mathappu, 500 numbers of Chinese Crackers and
500 numbers of Poothiri. However, I am not inclined to grant
WP(C) No.15960/2024 3/4 Order Date : 16-04-2024
..2..
use of all the above items.
4. In such circumstances, there will be an interim
order, permitting the petitioner to conduct fireworks display
with 10000 numbers of Palm leaf crackers, 100 numbers of
Chinese Crackers and 200 numbers of Mathappu, if the
petitioner provides portable magazines to the satisfaction of
the authorities. The officials concerned in the Revenue
Department, Fire Safety Department and the Police
Department shall supervise the fireworks and shall ensure
that the fireworks display is conducted strictly in accordance
with the conditions and using the items permitted in this
interim order. Needless to say that before commencement of
the fireworks display, barricades shall be put up at a distance
of 100 metres from the fireworks display point on all sides. No
one shall be permitted to enter into the prohibited area of 100
metres except the persons, who are performing fireworks
display.
Post on 24.05.2024.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
WP(C) No.15960/2024 4/4 Order Date : 16-04-2024
APPENDIX OF WP(C) 15960/2024
Exhibit P1 TRUE COPY OF THE APPLICATION FORM IN FORM AE-6
SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT DATED
6.3.2024
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED IN FORM LE 1 DATED
6.6.2025 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE RISK ASSESSMENT AND DISASTER
MANAGEMENT PLAN SUBMITTED BEFORE THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE ONSITE EMERGENCY PLAN AND SITE PLAN
SUBMITTED BEFORE THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE INSURANCE POLICY DATED 29.3.2024
Exhibit P6 TRUE COPY OF THE ORDER NO.DCPKD/3530/20234-D3 DATED
11.4.2014 ISSUED BY THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P.(C)
NO.5261.2020
Exhibit P8 TRUE COPY OF THE ORDER DATED 28.2.2022 IN WPC NO.
Exhibit P9 TRUE COPY OF THE ORDER DATED 8.4.2022 IN WPC NO.
Exhibit P10 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC NO.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 14.3.202024 IN WPC
Exhibit P12 TRUE COPY OF THE ORDER DATED 26.3.2024 IN
