Kerala High Court
Sri.C. Haridas vs The State Of Kerala on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
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. 16006 OF 2024
PETITIONER:
SRI.C. HARIDAS,
AGED 59 YEARS
S/O. C.P.CHATHUKUTTY, PRESIDENT,
CHITTILAMCHERY VELA COMMITTEE,
CHITTILAMCHERY P.O., PALAKKAD - 678 704
RESIDING AT NONNAMKULAM HOUSE,
CHITTILAMCHERY P.O., PIN - 678704
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
ANNA LINDA EDEN
HARIKRISHNAN S.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001
2 THE DISTRICT MAGISTRATE/ DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD, PIN - 678001
3 THE ADDITIONAL DISTRICT MAGISTRATE,
CIVIL STATION, PALAKKAD, PIN - 678001
GOVERNMENT PLEADER SMT. DEEPA V
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.16006/2024
:2:
N. NAGARESH, J.
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W.P.(C) No.16006 of 2024
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Dated this the 23rd day of April, 2024
JUDGMENT
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The petitioner, who is the President of Vela /
Festival Committee of Chittilamchery Sree Cherunettury
Bhagavathy Temple, has filed this writ petition seeking to
quash Ext.P10 and to compel the respondents to grant
permission to the petitioner to conduct fireworks display as
requested by him in Ext.P5 application in connection with the
festival in the Temple falling on 28.04.2024 and 29.04.2024.
2. The petitioner states that festival of this year
commenced on 14.04.2024 and concludes on 29.04.2024.
Display of fireworks in the evening of last day and the next
morning of the festival, is an important custom in connection
with the temple festival. The fireworks is practiced for more
than 100 years.
3. More than 500 metres is maintained from the
proposed place of fireworks display and place where public
gathers for watching the display. Strong barricades will be
constructed to keep the devotees at a safe distance of 500
metres. Nearby owners of paddy land and residents have
given their consent for using their property, for fireworks
display.
4. The petitioner submitted Ext.P5 application dated
07.03.2024 before the 2nd respondent seeking permission to
conduct fireworks display on 28th and 29th of April, 2024. The
3rd respondent called for reports from Tahsildar, District
Police Chief and local authority. The local authority has
informed that it has no objection in the conduct of fireworks
display. The 3rd respondent, however, passed Ext.P10 order
dated 11.04.2024 rejecting Ext.P5 application.
5. The petitioner states that Ext.P10 order is illegal,
arbitrary and unsustainable. The 3 rd respondent has not
considered the fact that fireworks display is an integral part of
the temple festival and temple custom. The petitioner should
therefore be permitted to carry out fireworks display.
6. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
respondents.
7. From the pleadings in the writ petition, I find that
the fireworks display will be in a ground, 500 metres away
from the area occupied by devotees. The nearby land
owners and residents have given their consent which is
evident from Exts.P1 to P4. The petitioner has entered into
an agreement with a licenced fireworks manufacturer.
8. The petitioner has produced site plan which shows
risk assessment. The petitioner has taken public liability
from National Insurance Company Limited. The petitioner
also has submitted an undertaking before the 3 rd respondent
ensuring safety of the premises by erecting barricades.
9. In the year 2016, when permission was declined
for fireworks display, the petitioner filed W.P.(C)
No.15857/2016. This Court directed the respondents to
grant permission. For the year 2019 also, this Court granted
an interim order dated 11.04.2019 in W.P.(C) No.11060/2019
permitting the Committee to conduct fireworks display for the
festival. In the year 2022, in W.P.(C) No.14442/2022, this
Court directed the 3rd respondent to reconsider the
application, pursuant to which permission was granted by the
3rd respondent. In the year 2023 also, this Court directed the
respondents to reconsider the application.
10. Taking into consideration all the above facts, I am
of the view that the petitioner can be permitted to conduct
display of fireworks, limiting the quantity to a maximum of 15
Kg. It is made clear that the petitioner shall not use
prohibited fireworks. The Police Department as well as the
Additional District Magistrate shall supervise the fireworks
display. All other conditions in the Explosives Act and Rules
shall also be followed. Ext.P10 is set aside.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/25.04.2024
APPENDIX OF WP(C) 16006/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF CONSENT DATED NIL GIVEN
BY T.P.LALITHA TO THE 2ND RESPONDENT
FOR USING HER PROPERTY FOR THE DISPLAY
OF FIRE-WORKS ON 28-04-2024
Exhibit P2 TRUE COPY OF CONSENT DATED NIL GIVEN
BY SRI.P.ASOKAN TO THE 2ND RESPONDENT
FOR USING HIS PROPERTY FOR THE DISPLAY
OF FIRE-WORKS ON 29-04-2024
Exhibit P3 TRUE COPY OF CONSENT DATED NIL GIVEN
BY MR.V.VASUDEVAN TO THE 2ND
RESPONDENT FOR FIRE WORK DISPLAY ON
28-04-2024
Exhibit P4 TRUE COPY OF CONSENT DATED NIL GIVEN
BY MR.KOCHUKRISHNAN TO THE 3RD
RESPONDENT FOR FIRE WORK DISPLAY ON
28-04-2024
Exhibit P5 TRUE COPY OF APPLICATION DATED 07-03-
2024 IN FORM AE-6 UNDER RULE 113 OF
EXPLOSIVES RULES, 2008 BEFORE THE
SECOND RESPONDENT SEEKING PERMISSION
TO CONDUCT OF FIRE-WORKS DISPLAY
Exhibit P6 TRUE COPY OF THE LICENSE DATED 05-01-
2010 IN FORM LE-1 IN FAVOUR OF SRI.
K.VIJAYAKUMAR, S/O.R.KANTHASWAMI,
WHICH IS VALID UPTO 31-03-2028,
Exhibit P7 TRUE COPY OF INSURANCE POLICE TAKEN BY
THE PETITIONER FROM NATIONAL INSURANCE
COMPANY LIMITED DATED 06-03-2024 FOR A
PERIOD OF 14-04-2024 TO 29-04-2024 FOR
RS.30,00,000/- AND PUBLIC LIABILITY OF
RS.1,20,00,000/-,
Exhibit P8 TRUE COPY UNDERTAKING DATED NIL
SUBMITTED BY THE PETITIONER TO SHIFT
THE RESIDENTS WITHIN A RADIUS 200
METERS FROM THE SITE AT THE TIME OF
FIRE WORKS DISPLAY,
Exhibit P9 TRUE COPY OF THE ORDER DATED 20-04-
2023 IN W.P.(C).NO.14318 OF 2023
,BEFORE THIS HON'BLE COURT
Exhibit P10 TRUE COPY OF THE ORDER
NO.DCPKD/3961/2024-D3 DATED 11-04-
2024, ISSUED BY THE 3RD RESPONDENT
Exhibit P11 TRUE COPY OF THE ORDER DATED 11-04-
2024 IN W.A.NO.563 OF 2024, BEFORE
THIS HON'BLE COURT
Exhibit P12 TRUE COPY OF THE ORDER DATED 03-04-
2023 IN W.P.(C).NO.11948 OF 2023
BEFORE THIS HON'BLE COURT
