Kerala High Court
K.P Mohammed Ali vs Moosa Vadakkethil on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
CON.CASE(C) NO. 540 OF 2024
ARISING FROM THE JUDGMENT DATED17.01.2024 IN WP(C) NO.9329 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WP(C):
K.P MOHAMMED ALI, AGED 55 YEARS
S/O. MOHAMMED, RESIDING AT KARYAPARAMBIL HOUSE,
MALAVAYAL, AMBALAVAYAL, P.O. THOVARIMALA,
WAYANAD, PIN - 673592
BY ADVS.
V.V.SURENDRAN
P.A.HARISH
DONA PAUL
DIVIN V.VIJAYAN
RESPONDENT/ RESPONDENT NO.2 IN WP(C):
MOOSA VADAKKETHIL
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
THE DISTRICT FIRE OFFICER,
OFFICE OF THE DISTRICT FIRE OFFICER,
FIRE AND RESCUE SERVICES, KALPETTA,
WAYANAD, PIN - 673121
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case (C) No.540 of 2024
in 2
W.P.(C) No.9329 of 2023
VIJU ABRAHAM, J.
.................................................................
Con.Case (C) No.540 of 2024
in
W.P.(C) No.9329 of 2023
.................................................................
Dated this the 4th day of April, 2024
JUDGMENT
The above contempt of court case is filed alleging non-compliance
of the direction in Annexure-A6 judgment dated 17.01.2024.
2. After filing the contempt of court case, petitioner has produced
Annexure-A8 communication submitted by the respondent before the
District Collector, Wayanad, wherein after conducting an inspection it was
reported that the defects regarding substantial wall and emergency exit
are still not cured by the petitioner. On the specific assertion made by the
petitioner that separate walls are constructed by using concrete and
stones and further that he will remove the fancy articles kept in the next
room adjacent to the room where fireworks are kept, this Court issued a
direction to the respondent to conduct a fresh inspection with notice to
the petitioner and submit a report before the Court. Pursuant to the
direction issued an inspection was conducted and inspection report was
produced by the learned Government Pleader along with a memo dated
25.03.2024, wherein it is reported that fancy items are completely
removed from the fancy shop in room no.5/601, but both sides of the rear
exit passages are stacked with fancy items removed from the fancy shop
and sealed by plastic boards. The exit leading through the adjacent
fancy shop and the void leading to upstairs is posing a high risk of fire
spread to the adjacent fancy shop and to the upstairs within no time, in
case of a fire accident inside the crackers shop and in such
circumstances there will be no means of escape to the occupants as
there is no emergency exit directly opening to the open air from the
crackers shop. It is further reported that it is clear from the above
inspection that as per the conditions stipulated in Rule 83 of the
Explosives Rules, 2008 the room for sale of fire crackers by the petitioner
is not sealed and secured to prevent unauthorised access from outside,
having chances of an untoward fire easily spreading over to the adjacent
fancy shops in the absence of a substantial wall and leaving the
occupants with no means of escape or safely exit as the emergency exit
has to pass through the adjacent shop to get into the safety of open air.
There is no substantial wall or emergency exit to the shop room of the
said building for sale of fire crackers by the petitioner.
In view of the said report now submitted by the respondent after
conducting an inspection, I am of the view that these issues cannot be
adjudicated in a contempt petition and if the petitioner is aggrieved by
Annexure-A8, he has to challenge the same in appropriate proceedings.
Granting such liberty, the above contempt of court case is closed.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF CON.CASE(C) 540/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE LICENSE ISSUED TO THE
PETITIONER AS PER THE PROCEEDINGS OF THE
ADDITIONAL DISTRICT MAGISTRATE, WAYANADU
DATED 21.06.2003
Annexure A2 A TRUE COPY OF THE PROCEEDINGS NO.
DCWYD/5485/2019-M1DATED 31.05.2021 OF THE
ADDITIONAL DISTRICT MAGISTRATE, WAYANADU
Annexure A3 A TRUE COPY OF THE COMMUNICATION DATED
19.10.2022 ISSUED THE RESPONDENT TO THE
PETITIONER
Annexure A4 A TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN W.P.(C) 37618/2022
DATED 06.02.2023
Annexure A5 A TRUE COPY OF THE COMMUNICATION DATED
04.03.2023 BY THE RESPONDENT TO THE
PETITIONER
Annexure A6 A CERTIFIED COPY OF THE JUDGMENT IN W.P.(C)
9329/2023 OF THIS HONOURABLE COURT DATED
17.01.2024
Annexure A7 A TRUE COPY OF THE LETTER DATED 19.02.2024
ISSUED BY THE PETITIONER TO THE RESPONDENT
Annexure A8 A true copy of the communication dated
21.02.2024 sent by the respondent to the
District Collector, Wayanad
Annexure A9 A true copy of the Check List for
possession and sale of firecrackers
prepared by the Station House Officer,
Sulthan Bathery dated 22.06.2019
Annexure A10 A true copy of the structural stability
certificate prepared by Anagha Sai Pramod
dated 08.03.2023
Annexure A11 A true copy of the common judgment in W.P.
(c) 8895/2021 dated 08.04.2021
Annexure A12 A true copy of the No-objection certificate
dated 09.04.2021 issued by the District
Fire Officer to the petitioner
