Kerala High Court
Josy V J vs State Of Kerala on 16 April, 2024
WP(C) No.15402/2024 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. 15402 OF 2024
PETITIONER:
JOSY V J., AGED 59 YEARS, VADAKKAN HOUSE, P.O. KAKKASSERY,
PAVARATTY, THRISSUR, PIN - 680511
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, PIN - 680001
3. THE ADDITIONAL DISTRICT MAGISTRATE CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, PIN - 680001
4. THE DISTRICT POLICE CHIEF (CITY), OFFICE OF THE DEPUTY COMMANDANT,
DIST. ARMED RESERVE, RAMAVARMAPURAM, THRISSUR, PIN - 680631
5. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN,
KAKKANAD, ERNAKULAM, KOCHI, PIN - 682037
6. THE STATION HOUSE OFFICER, PAVARATTY POLICE STATION, PAVARATTY P.O,
THRISUR, PIN - 680511
7. THE ASSISTANT DIVISIONAL OFFICER FIRE & RESCUE SERVICES, VIYYUR -
THANIKKUDAM RD, RAMAVARMAPURAM, THRISSUR, PIN - 680010
8. THE TAHSILDAR, CHAVAKAD TALUK OFFICE, CHAVAKAD, THRISSUR KERALA, PIN
- 680506
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 issue an interim order commanding the 2nd respondent to permit
the petitioner to conduct public display of fireworks from 19-04-2024 to
28-04-2024 in connection with the thirunal festival of st josephs
church,pavaratty subject to any conditions 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.SREEHARI INDUKALADHARAN, Advocate for the petitioner, the court passed
the following:
WP(C) No.15402/2024 2/4 Order Date : 16-04-2024
SHOBA ANNAMMA EAPEN, J.
....................................................................
W.P.(C)No.15402 of 2024
..............................................................
Dated this the 16th day of April, 2024
ORDER
The above writ petition is filed challenging Ext.P7 order
issued by the 3rd respondent, whereby an application
submitted for issuance of an LE-6 licence for public display of
fireworks scheduled to be conducted from 19.04.2024 to
28.04.2024 in connection with 'Thirunal' of the Church.
2. It is seen that, in Column No.8 of Ext.P1
application, the petitioner has requested for certain quantity
of fire works to be displayed. However, in the said
application, only a small quantity of fire works is requested by
the petitioner to be displayed.
In such circumstances, there will be an interim order,
permitting the petitioner to conduct fireworks on 19.04.2024,
20.04.2024, 21.04.2024 and 28.04.2024, as is stated in
Column No.8 of Ext.P1. 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. The petitioner shall provide a portable
WP(C) No.15402/2024 3/4 Order Date : 16-04-2024
magazine.
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
rp
WP(C) No.15402/2024 4/4 Order Date : 16-04-2024
APPENDIX OF WP(C) 15402/2024
Exhibit P1 A TRUE COPY OF THE FORM AE-6 APPLICATION FOR APPROVAL
OF LICENSE FOR PUBLIC DISPLAY OF FIREWORKS DATED
26.02.2024
Exhibit P2 A TRUE COPY OF THE LICENSE DATED 30.10.2018
Exhibit P3 A TRUE COPY OF THE ON SITE PLAN OF ST SEBASTIAN CHURCH
Exhibit P4 A TRUE COPY OF THE DISASTER MANAGEMENT PLAN FOR FIRE
WORKS DISPLAY AT ST JOSPEHS CHURCH, PAVARATTY
Exhibit P5 A TRUE COPY OF THE INSURANCE DATED 12.04.2024
Exhibit P6 A TRUE COPY OF THE AFFIDAVIT GIVEN BY THE LICENSEE
Exhibit P7 A TRUE COPY OF THE ORDER NO DCTSR/2385/2024/C6 DATED
02.04.2024
Exhibit P8 A TRUE COPY OF THE JUDGEMENT IN WPC 13108 OF 2019 OF
THIS HON'BLE COURT DATED 07.05.2019
Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 24.02.2020 IN WPC
5261/2020 OF THIS HON'BLE COURT
