Kerala High Court
Fr. Varghese Varghese vs District Collector on 23 April, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.16312/2024 1/5 Order Date : 23-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 23rd day of April 2024 / 3rd Vaisakha, 1946
WP(C) NO. 16312 OF 2024
PETITIONER:
FR. VARGHESE VARGHESE, AGED 59 YEARS, S/O VARGHESE K VARGHESE,
KALLOOR, VATTAKKUNNU P.O., MEENADAM, KOTTAYAM, VICAR ST.GEORGE
ORTHODOX CHURCH, PUTHUPPALLY, KOTTAYAM , PIN - 686516
RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, KOTTAYAM - KUMILY RD,
KOTTAYAM , PIN - 686002
2. REVENUE DIVISIONAL OFFICER, SECOND FLOOR, MINI CIVIL STATION, UNION
CLUB ROAD,PUTHENANGADY, KOTTAYAM, PIN - 686001
3. ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE KOTTAYAM, KOTTAYAM -
KUMILY RD, KOTTAYAM PIN - 686002
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.p9 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 6th may 2024 between 9 pm to 10 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.16312/2024 2/5 Order Date : 23-04-2024
N. NAGARESH, J
------------------------------------------------
W.P.(C).No.16312 of 2024
------------------------------------------------------
Dated this the 23rd day of April, 2024
ORDER
The above writ petition is filed challenging Ext.P9 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 06.05.2024 in
connection with a church festival was rejected. The reasons
stated in Ext.P9 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. 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 church and all that is
required is to have a portable magazine at the time of
fireworks display.
WP(C) No.16312/2024 3/5 Order Date : 23-04-2024
3. Government Pleader vehemently opposed the grant of any
interim relief as sought for.
4. In paragraph No.7 of the 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 permission for use of all
the above items.
5. 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 and Safety Department and the Police
Department shall supervise the fireworks display 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
WP(C) No.16312/2024 4/5 Order Date : 23-04-2024
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/-
N.NAGARESH
JUDGE
AMV/23/04/2024
WP(C) No.16312/2024 5/5 Order Date : 23-04-2024
APPENDIX OF WP(C) 16312/2024
Exhibit P1 TRUE COPY OF THE APPLICATION FORM IN FORM AE-6
SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT DATED
8.1.2024
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED IN FORM LE1 DATED
21.7.1977 ISSUED BY THE DY CHIEF CONTROLLER OF
EXPLOSIVES, ERNAKULAM
Exhibit P3 TRUE COPY OF THE LICENSE IN FORM LE-3 DATED 24.8.1993
ISSUED BY THE DY CHIEF CONTROLLER OF EXPLOSIVES,
ERNAKULAM
Exhibit P4 TRUE COPY OF THE ONSITE EMERGENCY PLAN AND SITE PLAN
SUBMITTED BEFORE THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE RISK ASSESSMENT PLAN SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED
5.1.2024 ISSUED BY MANAGER, MDLP SCHOOL
Exhibit P7 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED
5.1.2024 ISSUED BY CHIEF MEDICAL OFFICER, PARET MAR
IVANIOS HOSPITAL
Exhibit P8 TRUE COPY OF THE INSURANCE POLICY DATED 21.3.2024
Exhibit P9 TRUE COPY OF THE ORDER NO. DCKTM/238/2024-H4 DATED
19.4.2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C)
Exhibit P11 TRUE COPY OF THE ORDER DATED 28.2.2022 IN WPC
Exhibit P12 TRUE COPY OF THE ORDER DATED 8.4.2022 IN WPC
Exhibit P13 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 14.3.2024 IN WPC
Exhibit P15 TRUE COPY OF THE ORDER DATED 26.3.2024 IN W.A
Exhibit P16 TRUE COPY OF THE INTERIM ORDER DATED 16.4.2024 IN WPC
Exhibit P17 TRUE COPY OF THE ORDER DATED 5.5.2023 IN WPC
