M.Rajan vs District Collector
2025 Latest Caselaw 6453 Ker

Kerala High Court

M.Rajan vs District Collector on 29 May, 2025

WP(C) NO. 17255 OF 2025
& cont cases                           1               2025:KER:38217

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
                          WP(C) NO. 17255 OF 2025

PETITIONER:
           BABU B.
           AGED 56 YEARS
           S/O BALAKRISHNAN, THE PRESIDENT, THATHAMANGALAM ANGADI
           VELA COMMITTEE, THATHAMANGALAM, CHITTUR TALUK, PALAKKAD
           DISTRICT AND RESIDING 3/47, PATTAKKARAN STREET,
           THATHAMANGALAM, CHITTUR TALUK, PALAKKAD DISTRICT, PIN -
           678102

             BY ADVS.
             SRI.MANU RAMACHANDRAN
             SRI.M.KIRANLAL
             SRI.R.RAJESH (VARKALA)
             SRI.T.S.SARATH
             SHRI.SAMEER M NAIR
             SMT.SAILAKSHMI MENON
             SMT. AASHI K. SHAJAN
             SMT.MINZA FATHIMA SALIM M.
             SMT.BINITHA MARIA THOMAS
             SHRI.KEZIL THOTTUKADAVIL CHERIAN


RESPONDENTS:
     1     THE DISTRICT COLLECTOR
           PALAKKAD, PALAKKAD DISTRICT COLLECTORATE,
           KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678013

     2       THE ADDITIONAL DISTRICT MAGISTRATE
             PALAKKAD, PALAKKAD DISTRICT COLLECTORATE,
             KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678013

     3       THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
             PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION
             (PESO),KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, KOCHI,
             PIN - 682037

             BY ADV SHRI.C.DINESH, SCGC
             SR.GP DEEPA NARAYANAN
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2025, ALONG WITH WP(C).15694/2025, 17203/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17255 OF 2025
& cont cases                           2               2025:KER:38217


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
                          WP(C) NO. 15694 OF 2025

PETITIONER:
           M.RAJAN
           AGED 52 YEARS
           S/O MANIKKAN, 140, CHAMAKKAD VANUR, ALATHUR P.O,
           PALAKKAD, PIN - 678541

             BY ADVS.
             SRI.L.RAJESH NARAYAN
             SMT.KEERTHANA SARIGA T.S.


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

             BY ADV SHRI.C.DINESH, CGC
             GP AJITH VISWANANTHAN
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2025, ALONG WITH WP(C).17255/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17255 OF 2025
& cont cases                           3               2025:KER:38217


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

         THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947

                          WP(C) NO. 17203 OF 2025

PETITIONER:

             SHAJAN O J
             AGED 61 YEARS
             S/O JOSE O T OLAKKENGIL HOUSE, PAVARATTY P.O THRISSUR,
             PIN - 680507

             BY ADVS.
             SHRI.SREEHARI INDUKALADHARAN
             SHRI.FRANCIS P.T.


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 REVENUE DIVISIONAL OFFICER
             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
             PAVARATTY POLICE STATION, PAVARATTY P.O, THRISUR,
             PIN - 680511
 WP(C) NO. 17255 OF 2025
& cont cases                         4                2025:KER:38217

     7       THE ASSISTANT DIVISIONAL OFFICER
             FIRE & RESCUE SERVICES, VIYYUR - THANIKKUDAM RD,
             RAMAVARMAPURAM, THRISSUR, PIN - 680010

     8       THE TAHSILDAR
             CHAVAKAD TALUK OFFICE, CHAVAKAD, THRISSUR KERALA,
             PIN - 680506

             BY ADV.SR.GP DEEPA NARAYANAN



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2025, ALONG WITH WP(C).17255/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17255 OF 2025
& cont cases                           5               2025:KER:38217


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
                          WP(C) NO. 17268 OF 2025

PETITIONER:
           SUBIN K.S.,
           AGED 40 YEARS
           S/O. SUBRAMANYAN, KANNALATH HOUSE, ATHIKUZHY, CHITTOOR
           P.O, PALAKKAD, PIN - 678101

             BY ADVS.
             SRI.L.RAJESH NARAYAN
             SMT.KEERTHANA SARIGA T.S.


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

             BY ADV.
             GP-AJITH VISWANATHAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2025, ALONG WITH WP(C).17255/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17255 OF 2025
& cont cases                     6                  2025:KER:38217




                            JUDGMENT

[WP(C) Nos.17255/2025, 15694/2025, 17203/2025, 17268/2025]

Learned Counsel for the petitioners submit that the

festival has already been conducted on the strength of

the interim orders passed by this Court and there was

display of fireworks. As such, no further relief is

being pressed.

These writ petitions will stand closed.

Sd/-

                                       C. JAYACHANDRAN

                                            JUDGE

  ska
 WP(C) NO. 17255 OF 2025
& cont cases                              7                  2025:KER:38217

                          APPENDIX OF WP(C) 17255/2025

PETITIONER EXHIBITS

Exhibit P1                  THE TRUE COPY OF THE LE-6 APPLICATION

SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT-ADM Exhibit P2 THE TRUE COPY OF LE-1 LICENSE DATED 03.07.2024 OF THE MANUFACTURER OF FIREWORKS FOR THE PURPOSE OF PERFORMING FIREWORKS DISPLAY AT THE VEETTAIKARUPPASWAMI TEMPLE FESTIVAL, THATHAMANGALAM, PALAKKAD Exhibit P3 THE TRUE COPY OF THE PUBLIC LIABILITY INSURANCE CERTIFICATE VIDE POLICY NO.76110236250700000001 DATED 19.03.2025 ISSUED TO THE THATHAMANGALAM VELA COMMITTEE FOR THE CONDUCT OF FIREWORKS Exhibit P4 THE TRUE COPY OF THE ONSITE EMERGENCY PLAN AND SITE PLAN Exhibit P5 THE TRUE COPY OF THE NOC NIL DATED ISSUED BY THE LAND OWNER FOR CONDUCT OF FIREWORKS IN HIS LAND AS PART OF VEETTAIKARUPPASWAMI TEMPLE FESTIVAL, THATHAMANGALAM, PALAKKAD Exhibit P6 THE TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, THATHAMANGALAM DATED 21.04.2025 Exhibit P7 THE TRUE COPY OF THE ORDER NO.

DCPKD/3538/2025-D3 DATED 26.04.2025 ISSUED BY THE 2ND RESPONDENT-ADM Exhibit P8 THE TRUE COPY OF ORDER DATED 05.05.2023 IN WP(C) 15181 OF 2023 OF THIS HON'BLE COURT Exhibit P9 THE TRUE COPY OF THE INTERIM ORDER DATED 11.04.2025 IN WP(C) 15694 OF 2025 OF THIS HON'BLE COURT Exhibit P10 THE TRUE COPY OF THE JUDGMENT DATED 24.02.2020 IN W.P(C) NO.5261/2020 OF THIS HON'BLE COURT Exhibit P11 THE TRUE COPY OF THE INTERIM ORDER DATED 03.04.2023 IN W.P(C) NO.11948/2023 OF THIS HON'BLE COURT Exhibit P12 THE TRUE COPY OF THE INTERIM ORDER DATED 04.04.2025 IN W.P(C) NO.13508/2025 OF THIS HON'BLE COURT WP(C) NO. 17255 OF 2025 & cont cases 8 2025:KER:38217

APPENDIX OF WP(C) 15694/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY THE PETITIONER DATED 25.2.2025 BEFORE THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 30.10.2018 Exhibit P3 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR/FIREWORKS DISPLAY ASSISTANT CERTIFICATE DATED 19.2.2025 ISSUED BY THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE LICENSE IN FORM LE-11A ISSUED BY THE 5TH RESPONDENT DATED 19.2.25 Exhibit P5 TRUE COPY OF THE SITE PLAN AND ONSITE EMERGENCY FOR FIREWORKS DISPLAY ON 14.4.2025 Exhibit P6 TRUE COPY OF THE REPORT OF THE TAHSILDAR, ALATHUR DATED 5.4.2025 TO THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE RELEVANT PAGES PF THE INSURANCE POLICY DATED 17.3.2025 Exhibit P8 TRUE COPY OF THE ORDER DATED 8.4.2025 NO.

DCPKD/3433/2025/D-3 Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN

Exhibit P10 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC

Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 4.4.2025

Exhibit P12 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY WP(C) NO. 17255 OF 2025 & cont cases 9 2025:KER:38217

APPENDIX OF WP(C) 17203/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FORM AE-6 APPLICATION FOR APPROVAL OF LICENSE FOR PUBLIC DISPLAY OF FIREWORKS DATED 05.03.2025 Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 05.03.2025 SUBMITTED BY THE PETITIONER BEFORE THE ADDITIONAL DISTRICT MAGISTRATE Exhibit P3 TRUE COPY OF THE ON SITE PLAN OF ST JOSEPHS CHURCH Exhibit P4 TRUE COPY OF THE DISASTER MANAGEMENT PLAN FOR FIRE WORKS DISPLAY AT ST JOSEPH CHURCH, PAVARATTY Exhibit P5 TRUE COPY OF THE NO OBJECTION LETTERS FROM NEAR BY INSTITUTIONS Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED 5.3.2025 GIVEN BY THE PETITIONER Exhibit P7 TRUE COPY OF THE LICENSE NO E/KL/PKD/LE1/9 (E150618) DATED 30.10.2018 ISSUED TO SATHEESH KUMAR G Exhibit P7(a) TRUE COPY OF THE AFFIDAVIT DATED 5.3.2025 FILED BY SATHEESHKUMAR G Exhibit P8 TRUE COPY OF THE FIRE DISPLAY OPERATOR CERTIFICATE DATED 19.2.2025 Exhibit P9 TRUE COPY OF THE FIRE DISPLAY ASSISTANT CERTIFICATE DATED 19.2.2025 Exhibit P10 TRUE COPY OF THE INSURANCE VALID FROM 2-05- 2025 TO 18-05-2025 ISSUED BY NEW INDIA ASSURANCE CO. LTD Exhibit P11 TRUE COPY OF THE ORDER NO DCTSR/3546/2025/C6 DATED 15.04.2025 Exhibit P12 TRUE COPY OF THE ORDER IN WPC NO 15402 OF 2024 DATED 16.04.2024 Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 24.02.2020 IN

Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 17.2.2025 IN WPC 5036 OF 2025 Exhibit P15 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC

Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 14.3.2024 IN

Exhibit P17 TRUE COPY OF THE ORDER DATED 26.3.2024 IN W.A

Exhibit P18 TRUE COPY OF THE INTERIM ORDER DATED 16.4.2024 IN WPC NO. 15960/2024 WP(C) NO. 17255 OF 2025 & cont cases 10 2025:KER:38217

APPENDIX OF WP(C) 17268/2025

PETITIONER EXHIBITS

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 31.08.2000 Exhibit P3 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR/FIREWORKS DISPLAY ASSISTANT CERTIFICATE DATED 06.02.2025 ISSUED BY THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE LICENSE IN FORM LE-11A ISSUED BY THE 5TH RESPONDENT DATED 06.02.2025 Exhibit P5 TRUE COPY OF THE SITE PLAN AND ONSITE EMERGENCY FOR FIREWORKS DISPLAY ON 07.05.2025 Exhibit P5(a) TRUE COPY OF THE SITE PLAN AND ONSITE EMERGENCY FOR FIREWORKS DISPLAY ON 08.05.2025 Exhibit P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE OF HARIDAS DATED NIL TO THE VILLAGE OFFICER Exhibit P7 TRUE COPY OF THE RELEVANT PAGES PF THE INSURANCE POLICY DATED 28.04.2025 Exhibit P8 TRUE COPY OF THE ORDER DATED 26.4.2025 NO.

DCPKD/3735/2025/D-3 Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN

Exhibit P10 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC

Exhibit P11 TRUE COPY OF THE ORDER DATED 19.4.2024 IN WPC

Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 11.4.2025 IN WPC NO.15694/2025 Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 25.04.2025 IN WPC NO. 16960/2025 Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY