Kerala High Court
C. Haridas vs State Of Kerala on 22 April, 2025
WP(C) NO. 16245 OF 2025 1
2025:KER:32943
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
WP(C) NO. 16245 OF 2025
PETITIONER:
C. HARIDAS
AGED 60 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 ADV MANJUNATH MENON
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN -
695001
2 THE DISTRICTMAGISTRATE/ DISTRICT COLLECTOR
PALAKKAD, CIVIL STATION, PALAKKAD,, PIN - 678001
3 THE ADDITIONAL DISTRICTMAGISTRATE,
CIVIL STATION, PALAKKAD -, PIN - 678001
GP- RESMI THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16245 OF 2025 2
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JUDGMENT
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.P11 and
to compel the respondents to grant permission to the petitioner to
conduct fireworks display as requested by him in Ext.P4 application
in connection with the festival in the Temple falling on 28.04.2025
and 29.04.2025.
2. The petitioner states that festival of this year commenced
on 14.04.2025 and concludes on 29.04.2025. 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.P4 application dated
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05.02.2025 before the 2nd respondent seeking permission to
conduct fireworks display on 28th and 29th of April, 2025. 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.P11 order dated 10.04.2025 rejecting Ext.P4
application.
5. The petitioner states that Ext.P11 order is illegal, arbitrary
and unsustainable. The 3rd 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 P3. The
petitioner has entered into an agreement with a licenced fireworks
manufacturer.
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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 3rd 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
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supervise the fireworks display. All other conditions in the
Explosives Act and Rules shall also be followed. Ext.P11 is set
aside.
The writ petition is disposed of as above.
Sd/-P.M.MANOJ
JUDGE
lsn
2025:KER:32943
APPENDIX OF WP(C) 16245/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF CONSENT DATED NIL GIVEN BY
SMT.VIJAYALEKSHMI TO THE 2ND RESPONDENT FOR
USING HIS PROPERTY FOR THE DISPLAY OF FIRE-
WORKS ON 28-04-2025
Exhibit P2 TRUE COPY OF CONSENT DATED NIL GIVEN BY
MR.V.VASUDEVAN TO THE 2ND RESPONDENT FOR
FIRE WORK DISPLAY ON 29-04-2025
Exhibit P3 TRUE COPY OF CONSENT DATED NIL GIVEN BY
MR.KOCHUKRISHNAN TO THE 3RD RESPONDENT FOR
FIRE WORK DISPLAY ON 29-04-2025
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 05-02-
2025 IN FORM AE-6 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT ALONG
WITH LIST OF ANNEXURES
Exhibit P5 A TRUE COPY OF THE LICENSE DATED 29-04-2024
IN FORM LE-1 IN FAVOUR OF SRI.
SRI.SOMASUNDARAN,ORADIYATH HOUSE
DESAMANGALAM, WHICH IS VALID UPTO 31-03-
2029,
Exhibit P6 A TRUE COPY OF THE CERTIFICATE DATED 7-01-
2025 ISSUED TO C R NARAYANAN KUTTY
Exhibit P7 THE TRUE COY OF THE SITE PLAN
Exhibit P8 THE TRUE COPY OF THE CERTIFICATE DATED
7/1/2025
Exhibit P9 THE TRUE COPY OF THE JUDGEMENT IN
W.P.(C).NO.16006 OF 2024 DATED 23-04-2024
Exhibit P10 . A TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER DATED 20-2-2025
Exhibit P11 THE TRUE COPY OF THE ORDER DATED 10-04-2025
