Kerala High Court
Prabhakaran.V vs District Collector on 6 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.8703/2025 1/6 Order Date : 06-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 6th day of March 2025 / 15th Phalguna, 1946
WP(C) NO. 8703 OF 2025
PETITIONER:
PRABHAKARAN.V, AGED 60 YEARS, S/O VELAYUDHAN, THEMBALAM PALLASANA,
PALAKKAD, PIN - 678505
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 10.3.2025 between 8 pm to 10 pm and on
11.3.2025 between 4am to 6 am 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
M/S.L.RAJESH NARAYAN & KEERTHANA SARIGA T.S. Advocates for the petitioner,
the court passed the following:
WP(C) No.8703/2025 2/6 Order Date : 06-03-2025
T.R. RAVI, J.
--------------------------------------------
W.P.(C). No.8703 of 2025
--------------------------------------------
Dated this the 6th day of March, 2025
ORDER
The prayer in the writ petition is to quash Ext.P8 and for a
direction to the 3rd respondent to issue licence in Form LE- 6 so as
to enable the petitioner to conduct the public display of fireworks
on 10.03.2025 between 8.00 pm to 10 p.m and on 11.03.2025
between 4 a.m. To 6 a.m. in connection with the festival of
Chettiyar Padam Desam Mariamman Pongal Vela Mahotsavam,
Pallasana, Palakkad.
2. The request 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 to ensure the absence of prohibited materials.
3. The Government Pleader on instructions submitted
that rejection is for the reasons stated in Ext.P8.
4. The petitioner submits that he is 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
WP(C) No.8703/2025 3/6 Order Date : 06-03-2025
magazine/store room since the petitioner will be 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 an open area behind the
temple, which is a paddy field.
5. In the above circumstances, the following directions are
issued;
i. The petitioner shall be permitted to carry out
fireworks display on on 10.03.2025 between
8.00 pm to 10 p.m and on 11.03.2025
between 4 a.m. To 6 a.m. in connection with
the festival of Chettiyar Padam Desam
Mariamman Pongal Vela Mahotsavam,
Pallasana, Palakkad using the following
number of fireworks.
1.Ola Padakkam -100000 Nos.
2.Mazhathoranam - 5000 Nos.
3.Mathappu - 500 Nos.
4.Chinese Crackers - 500 Nos.
5.Poothiri - 500 Nos.
ii. Since no permanent magazine/store room is
WP(C) No.8703/2025 4/6 Order Date : 06-03-2025
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 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
WP(C) No.8703/2025 5/6 Order Date : 06-03-2025
fireworks display.
v. Necessary samples should be collected by the
Authorities for the purpose of testing
regarding any objectionable substance.
vi. Ext.P8 is set aside for working out the
above directions.
Post on 17.03.2025.
H/o
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) No.8703/2025 6/6 Order Date : 06-03-2025
APPENDIX OF WP(C) 8703/2025
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY
THE PETITIONER DATED 9.1.2025 BEFORE THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 31.8.2000
ISSUED BY 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR/FIREWORKS
DISPLAY ASSISTANT CERTIFICATE DATED 6.2.2025 ISSUED BY
THE 5TH RESPONDENT
Exhibit P4 TRUE COPY OF THE LE11 A LICENSE DATED 6.2.2025
Exhibit P5 TRUE COPY OF THE ONSITE EMERGENCY PLAN FOR FIREWORKS
DISPLAY ON THE SPECIFIED DATES
Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED
25.2.2025 ADDRESSED TO THE TAHSILDAR, CHITTUR
Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 28.2.2025
Exhibit P8 TRUE COPY OF THE ORDER DATED 04.03.2025 NO.
DCPKD/684/2025-D3 OF THE 3RD RESPONDENT
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 INTERIM ORDER DATED 13.2.2025 IN WPC
Exhibit P15 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED
BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND
INDUSTRY
