Kerala High Court
Manikandan.R vs District Collector on 7 March, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) No.9123/2025 1/5 Order Date : 07-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Friday, the 7th day of March 2025 / 16th Phalguna, 1946
WP(C) NO. 9123 OF 2025
PETITIONER:
MANIKANDAN.R, AGED 54 YEARS, S/O RAMASWAMY, PARAMBIL (H),
PALAPPURAM, OTTAPALAM, PALAKKAD, PIN-679103
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.P9, 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 12.3.2025 between 8pm & 9.30 pm and 13.3.2025
at 7 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.9123/2025 2/5 Order Date : 07-03-2025
T.R.RAVI.J
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WP(C) No.9123 of 2025
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Dated this the 7th day of March, 2025
ORDER
The prayer in this writ petition is to quash Ext.P9 and for a
direction to the 3rd respondent to issue license in Form LE-6 so as
to enable the petitioner to conduct public display of fireworks on
12.03.2025 between 8.00 PM and 9.30 PM and on 13.03.2025 at 7
AM respectively, during Chinakkathoor Pooram.
2. The permission has been rejected citing the reasons
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, etc.
3. 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 he propose to conduct the fireworks display using
portable magazines and hence there can be no insistence of
permanent magazines. It is also pointed out that the place where
the fireworks display is to be carried out is an open area behind
WP(C) No.9123/2025 3/5 Order Date : 07-03-2025
the temple, which is a paddy field..
2. In the above circumstances, the following directions are
issued;
i. The petitioner shall be permitted to carry out fireworks
display on 12.03.2025 between 8.00 PM and 9.30 PM
and on 13.03.2025 at 7 AM in connection with the
Chinakkathoor Pooram using the following number of
fireworks;
1. Ola Padakkam - One lakh numbers
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
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
WP(C) No.9123/2025 4/5 Order Date : 07-03-2025
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 petitioners 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.
vi. Ext.P9 is set aside for working out the above
directions.
Post on 25.03.2025.
Sd/-
T.R.RAVI
JUDGE
LEK
WP(C) No.9123/2025 5/5 Order Date : 07-03-2025
APPENDIX OF WP(C) 9123/2025
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY
THE PETITIONER DATED 3.1.2025 BEFORE THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 5.1.2010
Exhibit P3 TRUE COPY OF THE LICENSE FOR ROAD VAN FOR TRANSPORT OF
EXPLOSIVES DATED 30.1.2024 ISSUED BY THE 5TH RESPONDENT
Exhibit P4 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR/FIREWORKS
DISPLAY ASSISTANT CERTIFICATE DATED 7.1.2025 ISSUED BY
THE 5TH RESPONDENT
Exhibit P5 TRUE COPY OF THE ONSITE EMERGENCY PLAN FOR FIREWORKS
DISPLAY ON 12.3.2025
Exhibit P6 TRUE COPY OF THE AREAL SKETCH PLAN FOR FIREWORKS
DISPLAY ON 12.3.2025
Exhibit P7 TRUE COPY OF THE RISK ASSESSMENT PLAN
Exhibit P8 TRUE COPY OF THE INSURANCE POLICY DATED 20.1.2025
Exhibit P9 TRUE COPY OF THE ORDER DATED 4.3.2025 NO.
DCPKD/275/2025/D-3
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C)
Exhibit P11 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC NO.
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 3.5.2024 IN WPC
NO.16473/2024 AND OTHER CASES
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 28.6.2024 IN WPC
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 5.9.2024 IN WPC
Exhibit P15 TRUE COPY OF THE INTERIM ORDER DATED 18.2.2025 IN WPC
Exhibit P16 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED
BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND
INDUSTRY
