Kerala High Court
Ashokan.M vs District Collector on 11 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.5371/2025 1/6 Order Date : 11-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday, the 11th day of February 2025 / 22nd Magha, 1946
WP(C) NO. 5371 OF 2025
PETITIONER:
ASHOKAN.M., AGED 57 YEARS, S/O KRISHNAN, MAMBRA (H), KAPPUR,
KALLADATHUR, PALAKKAD, PIN - 679552.
RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, KERALA, PIN - 678013
2. REVENUE DIVISIONAL OFFICER, PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD,
KERALA , PIN - 678001.
3. ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, CIVIL STATION,
PALAKKAD, PIN - 678001.
4. SECRETARY DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION MINISTRY OF
COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI, PIN - 110011.
5. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES
SAFETY ORGANISATION(PESO) KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN
- 682037.
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 stay ext.p8, and direct the 3rd respondent to issue license in
form le-6 so as to enable the petitioner to conduct public display of
fireworks to be conducted on 14.2.2025 between 7.00 pm and 8.00 pm
respectively subject to any conditions to be prescribed for the same,
pending consideration of the writ petition, in the interest of justice.
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.L.RAJESH NARAYAN, Advocate for the petitioner, the court passed the
following:
WP(C) No.5371/2025 2/6 Order Date : 11-02-2025
W.P.(C)No.5371 of 2025
1
T.R. RAVI, J.
-------------------------------------
W.P.(C)No.5371 of 2025
--------------------------------------
Dated this the 11h day of February, 2025
ORDER
This writ petition is filed seeking permission to display
fireworks in association with the festival of Kalladathur
Bhagavathy Temple, Palakkad.
2. The permission has been rejected citing the reason
that there is no permanent magazine/store room, that a risk
assessment plan has not been submitted, that documents
specified in the Explosives (Amendment) Rules, 2024 have
not been produced and that samples of the explosives have
not been got tested.
3. The Government Pleader on instructions submitted
that permission was refused for the aforestated reasons.
4. The petitioners submits that they are willing to
abide by any conditions that may be laid down by the
Authority. It is also submitted that there is no requirement of
a permanent magazine/store room since the petitioner will be
WP(C) No.5371/2025 3/6 Order Date : 11-02-2025
using only portable magazine and it is submitted that this
aspect has not been considered. It is also pointed out that
the place where the fireworks display is to be carried out is in
the midst of a paddy field and there are no residential
buildings within the prohibited distances.
5. In the above circumstances, the following
directions are issued;
i. The petitioner shall be permitted to carry out
fireworks display on 14.02.2025 between
7.00 p.m. and 8.p.m. using the following
number of fireworks.
1.Ola Padakkam - One lakh numbers
2.Chinese Crackers - 5 packets
3.Mathappu - 5 kilograms
4. Mazhathoranam - 150 Nos
5.Poothiri - 300 Nos.
ii. Since no permanent magazine/store room is
maintained, the Authorities shall ensure that
the fireworks is carried out only with help of
the portable magazine which is brought in at
the time of fireworks.
WP(C) No.5371/2025 4/6 Order Date : 11-02-2025
iii. The authorities of the Revenue Department,
Fireworks, Fire Safety Department and
Police Department shall deploy competent
officers to ensure that the fireworks display
is conducted smoothly in accordance with
the licence and using only the items
permitted in this order.
iv. The Officers of the Fire Safety Department
shall identify the places where the
barricades are to be placed for maintaining
the distances between the spectators and
the area where the display is to be
conducted and the petitioner shall ensure
that barricades are put up at the those
places. It shall be ensured that no person is
permitted to enter into the prohibited area,
except those persons who are performing
the fireworks display.
v. Necessary samples should be collected by
WP(C) No.5371/2025 5/6 Order Date : 11-02-2025
the Authorities for the purpose of testing
regarding any objectionable substance.
Post on 18.02.2025.
H/o
Sd/-
T.R. RAVI
JUDGE
dsn
WP(C) No.5371/2025 6/6 Order Date : 11-02-2025
APPENDIX OF WP(C) 5371/2025
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY
THE PETITIONER DATED NIL BEFORE THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 29.4.2024
Exhibit P3 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR/FIREWORKS
DISPLAY ASSISTANT CERTIFICATE DATED 7.1.2025 ISSUED BY
THE 5TH RESPONDENT
Exhibit P4 TRUE COPY OF THE SITE PLAN FOR FIREWORKS DISPLAY ON
14.2.2025
Exhibit P5 TRUE COPY OF THE ONSITE EMERGENCY PLAN FOR FIREWORKS
DISPLAY ON 14.2.2025
Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS
DISPLAY ON 14.2.2025
Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 14.2.2025
Exhibit P8 TRUE COPY OF THE ORDER DATED 4.2.2025 NO.
DCPKD/16011/2024/D-3
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C)
Exhibit P10 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC NO.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 3.5.2024 IN WPC
NO.16473/2024 AND OTHER CASES
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 28.6.2024 IN WPC
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 5.9.2024 IN WPC
Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED
BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND
INDUSTRY
