Kerala High Court
Varughese P.I vs District Collector on 5 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 31048/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 31048 OF 2024
PETITIONER:
VARUGHESE P.I
AGED 64 YEARS, S/O IYPE IYPE,
CHELAYACKAL PARAYIL VELLOOR P.O,
PAMPADY, KOTTAYAM- 686501
TRUSTEE, ST. MARY'S JACOBITE SYRIAN CATHEDRAL
MANARCAD P.O, KOTTAYAM, PIN - 686019
BY ADV L.RAJESH NARAYAN
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
4 DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE COLLECTORATE P.O,
KOTTAYAM, PIN - 686002
RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 31048/2024
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JUDGMENT
The petitioner is aggrieved by Ext.P8 order passed by the
respondent No.3 which refused the petitioner's application for issuance
of LE-6 licence for public display of fireworks in connection with the
festival of the St.Mary's Jacobite Syrian Cathedral, Manarcad in
Kottayam District.
2. According to the petitioner, the fireworks are proposed to
be conducted by licenced contractor who possesses a valid licence and
he has complied with all conditions and submitted all the relevant
documents along with the application and therefore, the same ought
to have been allowed. It is alleged that Ext.P8 is illegal, arbitrary and
passed mechanically without considering the facts and circumstances
of the case.
3. I have heard Sri.L.Rajesh Narayan, the learned counsel
appearing for the petitioner and Sri.Rajeev Jyothish George, the
learned Government Pleader.
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4. The respondent No.3 rejected the application mainly on two
grounds. (i) The petitioner did not provide the firework magazine as
required under the Explosives Rules and (ii) The report of the District
Police Chief as well as the chemical examination lab report have not
been obtained.
5. So far as the first ground is concerned, the case of the
petitioner is that he does not intend to store the explosives at the site
and rather the same will be brought to the site just before the time of
display and then the display will be carried out. In such cases, there is
no requirement for a permanent magazine to be constructed by him.
The petitioner has undertaken that he is ready and willing to set up a
portable magazine with all necessary safety measures for the safe
storage of the fireworks. So far as the second ground is concerned,
Ext.P18 would show that the chemical examination lab report has
already been obtained and Ext.P16 would show that the District Police
Chief has also submitted a report. In Ext.P16 report of the District
Police Chief it is stated that the neighboring owners of the property
where the display is going to be carried out have expressed their no
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objection. However, it is stated in Ext.P16 that a crime has been
registered against the licence holder and steps have been initiated to
cancel the licence of the licence holder. However, Ext.P17 would show
that this Court has passed an order stating that the licence of the
licence holder shall not be cancelled on the basis of the crime
registered.
6. Ext.P2 would show that fireworks have been entrusted to
one who owns a valid licence to conduct the same. According to the
petitioner, the fireworks display is proposed to be held in an open area
and permission was accorded to conduct the fireworks and display the
same in the previous years. As stated already, the petitioner has
expressed willingness to produce portable magazine to the satisfaction
of the authorities and undertaken to satisfy all other requisite
conditions for fireworks display under LE-6 licence to the satisfaction
of the authorities.
7. For reasons state above, I am of the view that the
impugned order is not sustainable and accordingly it is set aside. The
respondent No.3 is directed to issue licence in Form LE-6 to the
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petitioner to conduct public display of fireworks on 07/09/2024,
subject to the following conditions:-
(i) The petitioner shall produce portable magazine to the
satisfaction of the authorities for the storage of the fireworks.
(ii) The petitioner shall satisfy all other requisite conditions for
fireworks display under LE-6 licence to the satisfaction of the
authorities.
(iii) Before commencement of the fireworks display, barricades
shall be put up at a distance of 100 metres of the display point on all
sides and no one except the persons who are performing fire works
display shall be permitted into the prohibited area of 100 metres.
(iv) The quantity of the fireworks shall be limited to 15
kilograms.
(v) The police department and other statutory authorities shall
supervise the entire fireworks display and issue necessary directions,
if necessary.
(vi) In case of violation of any of the conditions, it will be open
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to the ADM or other competent officials to take appropriate action in
accordance with law.
The writ petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
(Hand over)
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APPENDIX OF WP(C) 31048/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6
SUBMITTED BY THE PETITIONER DATED NIL
EXHIBIT P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED
6.12.2023
EXHIBIT P3 TRUE COPY OF THE LOCATION SKETCH FOR THE CONDUCT
OF FIRE WORKS DISPLAY ON 7.9.2024
EXHIBIT P4 TRUE COPY OF THE ON SITE EMERGENCY PLAN FOR
CONDUCT OF FIREWORKS DISPLAY ON 7.9.2024
EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE
LICENSEE BEFORE THE 3RD RESPONDENT
EXHIBIT P6 TRUE COPY OF THE INSURANCE POLICY DATED 27.05.2024
ISSUED IN THE NAME OF THE TRUSTEE
EXHIBIT P7 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR THE
CONDUCT OF FIREWORKS DISPLAY
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 22.08.2024 NO.
DCKTM/4483/2024/H4
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 14.3.2024 IN WPC
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 26.3.2024 IN W.A
EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 16.4.2024 IN
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EXHIBIT P13 TRUE COPY OF THE ORDER DATED 23.4.2024 IN WPC
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 3.5.2024 IN WPC
NO.16473/2024 AND OTHER CASES
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 28.6.2024 IN WPC
EXHIBIT P16 TRUE COPY OF THE REPORT DATED 8.7.2024 SUBMITTED
BY THE DEPUTY POLICE SUPERINTENDENT TO THE 4TH
RESPONDENT WITH COVERING LETTER DATED 27.8.2024
EXHIBIT P17 TRUE COPY OF THE ORDER DATED 5.7.2024 IN CRL MC
EXHIBIT P18 TRUE COPY OF THE REPORT DATED 8.8.2024 OF THE
STATE FORENSIC SCIENCE LABORATORY WITH COVERING
LETTER DATED 13.8.2024
