Kerala High Court
K C Venugopal vs State Of Kerala on 13 February, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.5686/2025 1/5 Order Date : 13-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 13th day of February 2025 / 24th Magha, 1946
WP(C) NO. 5686 OF 2025
PETITIONER:
K C VENUGOPAL, AGED 63 YEARS M SHANKARA PANICKAR, MALIYEKKAL HOUSE
,P.O. KOTTAPPADY, THRISSUR DISTRICT, PIN - 680505
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001
2. THE DISTRICT COLLECTOR THRISSUR, CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR , PIN - 680001
3. THE ADDITIONAL DISTRICT MAGISTRATE CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR , PIN - 680001
4. THE DISTRICT POLICE CHIEF (CITY) OFFICE OF THE DEPUTY COMMANDANT,
DIST. ARMED RESERVE, RAMAVARMAPURAM, THRISSUR, PIN - 680631
5. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES KENDRIYA BHAVAN, KAKKANAD,
ERNAKULAM, KOCHI , PIN - 682037
6. THE STATION HOUSE OFFICER, GURUVAYOOR POLICE STATION, GURUVAYOOR
P.O, THRISSUR , PIN - 680001
7. THE ASSISTANT DIVISIONAL OFFICER FIRE & RESCUE SERVICES, VIYYUR -
THANIKKUDAM RD, RAMAVARMAPURAM, THRISSUR , PIN - 680010
8. THE TAHSILDAR CHAVAKKAD, CHAVAKKAD TALUK OFFICE, THRISSUR KERALA ,
PIN - 680506
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 issue an interim order commanding the 3rd respondent to issue
permission so as to enable the petitioner to conduct public display of
fireworks on 16.02.2025 at 8.30 pm in connection with the festival at
kappiyyur chirakkal Bhagavathy Temple, Chirakkal subject to any conditions
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
M/S. SREEHARI INDUKALADHARAN, SREEHARI INDUKALADHARAN & FRANCIS P.T.,
Advocates for the petitioner, the court passed the following:
WP(C) No.5686/2025 2/5 Order Date : 13-02-2025
T.R. RAVI, J.
--------------------------------------------
W.P(C).No.5686 of 2025
--------------------------------------------
Dated this the 13th day of February, 2025
ORDER
This writ petition is filed seeking a direction to the 3 rd
respondent to issue permission to the petitioner to conduct public
display of fireworks on 16.02.2025 at 8.30 p.m. in connection with
the festival at Kappiyyur Chirakkal Bhagavathy Temple, Chirakkal.
The request has been rejected, stating that the documents
required to be produced along with the application have not been
produced.
3. The Government Pleader on instructions submits that the
reason for the rejection of the request of the petitioner is that the
petitioner did not produce the Fireworks Display Operator Certificate
and Risk Assessment Report and there is no provision made for
permanent magazine/store room for storing the fireworks.
4. The petitioner has produced the Fireworks Display
Operator Certificate and Fireworks Display Assistant Certificate as
Exts.P7 and P8 along with this writ petition. The petitioner proposes
to conduct the fireworks display using a portable magazine and
WP(C) No.5686/2025 3/5 Order Date : 13-02-2025
hence there can be no insistence for having a permanent
magazine/store room. The Disaster Management Plan is also been
produced as Ext.P4.
5. In the above circumstances, the following directions are
issued;
i. The petitioner shall be permitted to carry out
fireworks display on 16.02.2025 at 8.30 p.m.
using the following number of fireworks.
1. Palm leaf - 10,000 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.
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
WP(C) No.5686/2025 4/5 Order Date : 13-02-2025
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 the
Authorities for the purpose of testing regarding
any objectionable substance.
Post on 03.03.2025.
H/o
Sd/-
T.R.RAVI
JUDGE
LEK
WP(C) No.5686/2025 5/5 Order Date : 13-02-2025
APPENDIX OF WP(C) 5686/2025
Exhibit P1 A TRUE COPY OF THE FORM AE-6 APPLICATION FOR APPROVAL
OF LICENSE FOR PUBLIC DISPLAY OF FIREWORKS
Exhibit P1(a) A TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER
Exhibit P2 A TRUE COPY OF THE REPRESENTATION
Exhibit P3 A TRUE COPY OF THE ON SITE PLAN OF KAPPIYUR CHIRAKKAL
BHAGAVATHY TEMPLE
Exhibit P4 A TRUE COPY OF THE DISASTER MANAGEMENT PLAN FOR FIRE
WORKS DISPLAY AT KAPPIYYUR CHIRAKKAL
Exhibit P5 A TRUE COPIES OF THE NO OBJECTION CERTIFICATE OF THE
NEAR BY RESIDENTS
Exhibit P6 A TRUE COPY OF THE LICENSE NO E/KL/TSR/LE1/2 (E146906)
DATED 03.04.2023 ISSUED TO SATHEESH P M
Exhibit P6(a) A TRUE COPY OF THE AFFIDAVIT FILED BY SATHEESH PM
Exhibit P7 A TRUE COPY OF THE FIRE DISPLAY OPERATOR CERTIFICATE
Exhibit P8 A TRUE COPY OF THE FIRE DISPLAY ASSISTANT CERTIFICATE
Exhibit P9 A TRUE COPY OF THE INSURANCE VALID FROM 13-02-2025 TO
17-02-2025 ISSUED BY ORIENTAL INSURANCE COMPANY PVT
LIMITED
Exhibit P10 A TRUE COPY OF THE ORDER NO DCTSR/477/2025/C6 DATED
05.02.2025
Exhibit P11 A TRUE COPY OF THE ORDER NO C6 4253 OF 2017 DATED
18.02.2017
Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED 24.02.2020 IN WPC
Exhibit P13 A TRUE COPY OF THE JUDGEMENT IN WPC 5036 OF 2025 DATED
06.02.2025
Exhibit P14 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC NO.
Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 14.3.2024 IN WPC
Exhibit P16 TRUE COPY OF THE ORDER DATED 26.3.2024 IN W.A
Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED 16.4.2024 IN WPC
