Kerala High Court
Ramadas K.P vs The District Collector, Palakkad on 7 May, 2024
WP(C) No.16982/2024 1/4 Order Date : 07-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
Tuesday, the 7th day of May 2024 / 17th Vaisakha, 1946
WP(C) NO. 16982 OF 2024
PETITIONER:
RAMADAS K.P., AGED 58 YEARS, S/O.PADMANABHAN K.R, KUNNAMPPULLY
HOUSE, PANANGATTIRI PO, ELAVANCHERRY, PALAKKAD, PIN-678506
RESPONDENTS:
1. THE DISTRICT COLLECTOR, PALAKKAD, CIVIL STATION, PALAKKAD,
PIN-678001
2. THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD TOWN, PALAKKAD,
PIN-678001
3. THE SECRETARY, DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
MINISTRY OF COMMERCE AND INDUSTRY, UDYOGBHAVAN, NEWDELHI, PIN-110011
4. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVE
SAFETY ORGANIZATION (PESO) KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM,
PIN-682030
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 direct the 2nd respondent to reconsider Ext.P1 application and
pass appropriate orders granting permission to conduct to exhibit the
fireworks on 9-5-2024 and 10-5-2024 within a time frame to be fixed by
this Hon'ble Court pending disposal of the Writ Petition(C).
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. K.MOHANAKANNAN, Advocate for the petitioner, the court passed the
following:
WP(C) No.16982/2024 2/4 Order Date : 07-05-2024
JOHNSON JOHN, J.
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W.P(C) No.16982 of 2024
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Dated this the 7th day of May, 2024.
ORDER
This writ petition is filed challenging Ext.P2 order issued by
the second respondent whereby an application for issuance of an
LE-6 licence for public display of fireworks scheduled to be
conducted on 09-05-2024 and 10-05-2024 in connection with a
temple festival was rejected. The reasons stated in Ext.P2 were
that the petitioner has not produced the risk assessment plan, on-
site emergency plan and the petitioner does not have a magazine
for the purpose of safe storage of fireworks.
2. It is submitted by the learned counsel for the petitioner
that in view of the small quantity of explosives used, there is no
requirement to have a permanent magazine in the temple and
what is required is only a portable magazine at the time of
fireworks display.
3. Therefore, considering the circumstances, there will be
an interim order permitting the petitioner to conduct fireworks
WP(C) No.16982/2024 3/4 Order Date : 07-05-2024
display with 10,000 numbers of Palm Leaf Crackers, 100 numbers
of Chinese Crackers and 200 numbers of Mathappu on 09-05-
2024 and 10-05-2024, 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 14-05-2024.
Sd/- JOHNSON JOHN, JUDGE.
amk
WP(C) No.16982/2024 4/4 Order Date : 07-05-2024
APPENDIX OF WP(C) 16982/2024
Exhibit P1 TRUE COPY OF THE APPLICATION DATED 14-3-2024 ALONG WITH
SITE PLAN SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.DCPKD/3943/2024/D3
2-5-2024 OF THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 18-4-2023 IN WRIT
PETITION(C) 14289/2023
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WRIT PETITION(C)
