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Kerala High Court
Balan N vs District Collector on 1 April, 2026
W.P.(C).Nos.12805 and 12906 of 2026
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2026:KER:29607
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948
WP(C) NO. 12805 OF 2026
PETITIONER(S):
T. PRADEEP,
AGED 59 YEARS,
SON OF P.U.RAJAGOPALAN NAIR,
THE SECRETARY OF THE VALLANGHY VELA COMMITTEE,
VALLANGHY VELA COMMITTEE OFFICE, VALLANGHY,
NEMMARA PO, CHITTUR TALUK, PALAKKAD DISTRICT,
PERMANENTLY RESIDING AT NIRMALYAM HOUSE,
VALLANGHY, NEMMARA P.O., CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678 508.
BY ADVS.
SRI.N.SATHEESH KUMAR(NEMMARA)
SHRI.SANTHOSHKUMAR N.
RESPONDENT(S):
1 STATE OF KERALA,
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, KENATHUPARAMBU,
KUNNATHURMEDU, PALAKKAD, PIN - 678 013.
3 THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, CIVIL STATION, KENATHUPARAMBU,
KUNNATHURMEDU, PALAKKAD, PIN - 678 013.
4 THE TAHSILDAR OF CHITTUR TALUK,
TALUK OFFICE, KACHERIMEDU, CHITTUR,
PALAKKAD, PIN - 678 101.
W.P.(C).Nos.12805 and 12906 of 2026
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5 THE SUPERINTENDENT OF POLICE,
OFFICE OF SUPERINTENDENT OF POLICE,
YAKKARA ROAD, NEAR KSRTC BUS STAND,
PALAKKAD, PIN - 678 014.
6 THE SECRETARY,
THE DEPARTMENT OF INDUSTRIAL POLICY AND
PROMOTION, MINISTRY OF COMMERCE AND INDUSTRY,
UDYOG BHAVAN, NEW DELHI, PIN - 110 011.
7 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM & EXPLOSIVES SAFETY ORGANISATION (PESO)
SUB CIRCLE OFFICE, 1ST FLOOR, CGO COMPLEX,
KAKKANAD, ERNAKULAM, PIN - 682 021.
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.04.2026, ALONG WITH WP(C).12906/2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.12805 and 12906 of 2026
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2026:KER:29607
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948
WP(C) NO. 12906 OF 2026
PETITIONER(S):
BALAN N.,
AGED 58 YEARS,
S/O. LATE AYYAPPAN, PORAKATTUKUNNATH HOUSE,
KOONATHARA P.O., SHORNUR, PALAKKAD,
PIN - 679 523.
BY ADVS.
SRI.L.RAJESH NARAYAN
SMT.KEERTHANA SARIGA T.S.
RESPONDENT(S):
1 DISTRICT COLLECTOR,
COLLECTORATE KENATHUPARAMBU, KUNATHURMEDU,
PALAKKAD, KERALA, PIN - 678 013.
2 REVENUE DIVISIONAL OFFICER,
PARAKKUNNAM, VIDYUT NAGAR,
PALAKKAD, KERALA, PIN - 678 001.
3 ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE CIVIL STATION,
PALAKKAD, PIN - 678 001.
4 SECRETARY,
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
MINISTRY OF COMMERCE AND INDUSTRY,
UDYOG BHAVAN, NEW DELHI, PIN - 110 011.
W.P.(C).Nos.12805 and 12906 of 2026
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2026:KER:29607
5 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION
(PESO) KENDRIYA BHAVAN, KAKKANAD,
ERNAKULAM, PIN - 682 037.
BY ADV SHRI.M.S.KIRAN, SC, NATIONAL COMMISSION
FOR HOMOEOPATHY
SMT.DEEPA NARAYANAN, SR.GOVERMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.04.2026, ALONG WITH WP(C).12805/2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.12805 and 12906 of 2026
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2026:KER:29607
JUDGMENT
The permission sought for by the respective petitioners
for display of the fireworks in connection with the events
mentioned in the Writ Petitions is refused.
In W.P.(C).No.12906/2026, Ext.P8 is the impugned Order,
whereas it is Ext.P7 in W.P.(C).No.12805/2026.
2. The reasons stated in these rejection Orders are more
or less the same; that is to say, the absence of a
permanent magazine, the absence of a Risk Assessment and
On-Site Emergency Plan by an agency approved by P.E.S.O.
and lack of time for sampling. This court notice that these
grounds are dealt with in several judgments issued by this
Court, including Exts.P10 to P13 produced in W.P.
(C).No.12906 of 2016. For the same set of reasons stated
therein, the impugned Orders cannot be sustained and the
same will stand set aside. There will be a direction to the
District Collector to grant permission to the respective
petitioners for display of fireworks, subject to the
following conditions:
W.P.(C).Nos.12805 and 12906 of 2026
2026:KER:29607
(i) The respective petitioners shall produce
portable magazine/magazines to the
satisfaction of the authorities for the
storage of the fire works.
(ii) The petitioners shall satisfy all other
requisite conditions for fireworks display
under LE-6 license to the satisfaction of the
authorities.
(iii) Before commencement of the fireworks
display, barricades shall be put up at a
distance of 100 metres of the display point on
all sides and no one except the persons who
are performing fireworks display shall be
permitted into the prohibited area of 100
metres.
(iv) The quantity of the fireworks shall be
limited to 15 kilograms.
(v) The police department and other statutory
authorities shall supervise the entire
fireworks display and issue necessary
directions, if necessary.
W.P.(C).Nos.12805 and 12906 of 2026
2026:KER:29607
(vi) In case of violation of any of the
conditions, it will be open to the District
Collector or other competent officials to take
appropriate action in accordance with law.
3. As regards the inspection of the sample, the
petitioners, in both the cases will produce the same
before the District Collector today itself by 05:00 P.M.
The District Collector will stand directed to receive the
samples, and do the needful for testing/identification of
the same, to ascertain whether there is any objectionable
material in the crackers. In these cases, the above
exercise shall be completed by 05.00 p.m. tomorrow.
4. The learned Government Pleader will inform the gist
of the judgment to the District Collector forthwith.
These Writ Petitions will stand allowed, as indicated
above.
Sd/-
C. JAYACHANDRAN, JUDGE
ak
W.P.(C).Nos.12805 and 12906 of 2026
2026:KER:29607
APPENDIX OF WP(C) NO. 12805 OF 2026
PETITIONER'S EXHIBITS:-
Exhibit P-1 THE PHOTOCOPY OF THE FORM AE-6
APPLICATIONS FILED BEFORE THE
ADDITIONAL DISTRICT MAGISTRATE PALAKKAD
DATED 31/12/2025.
Exhibit P-2 THE PHOTOCOPY OF LICENSE OF M/S ROSE
PYROTECHNIC WORKS, REPRESENTED BY MR.
K. VIJAYAKUMAR DATED 05/01/2010.
Exhibit P-3 THE PHOTOCOPY OF THE INSURANCE POLICY,
DATED 23/12/2025 ISSUED BY THE UNITED
INDIA INSURANCE COMPANY LIMITED.
Exhibit P-4 THE PHOTOCOPY OF THE ONSITE EMERGENCY
PLAN AND RISK ASSESSMENT PLAN DATED,
31/12/2025.
Exhibit P-5 THE PHOTOCOPY OF THE FORM LE-11A
LICENSE OF MR. C R NARAYANAN KUTTY
DATED, 07/01/2025.
Exhibit P-6 THE PHOTOCOPY OF THE FORM LE-11A
LICENSE OF MR. SOMASUNDRAN O DATED,
07/01/2025.
Exhibit P-7 THE PHOTOCOPY OF THE ORDER IN FILE NO.
DCPKD/193/2026-D3, DATED 28/03/2026 OF
THE 3RD RESPONDENT.
Exhibit P-8 THE PHOTOCOPY OF THE JUDGMENT DATED
26/03/2024 IN WPC NO. 12171 OF 2024.
Exhibit P-9 THE PHOTOCOPY OF THE INTERIM ORDER
DATED 28/03/2025 IN WPC NO.12879 OF
2025.
W.P.(C).Nos.12805 and 12906 of 2026
2026:KER:29607
APPENDIX OF WP(C) NO. 12906 OF 2026
PETITIONER'S EXHIBITS:-
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO.
AE-6 SUBMITTED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT DATED 4.3.2025.
Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1
DATED 3.7.2024.
Exhibit P3 TRUE COPY OF THE FIREWORKS DISPLAY
OPERATOR LICENSE NO. IN FORM LE-11A
ISSUED BY THE 5TH RESPONDENT DATED
7.1.25 NO. E/SE/KL/FWD/AS/02.
Exhibit P4 TRUE COPY OF THE FIREWORKS DISPLAY
OPERATOR/FIREWORKS DISPLAY ASSISTANT
CERTIFICATE DATED 7.1.2025 NO.
E/SE/KL/FWD/OP/03 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P5 TRUE COPY OF THE ONSITE PLAN FOR
FIREWORKS DISPLAY ON 4.4.2026.
Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN
FOR THE FIREWORKS DISPLAY ON 4.4.2026.
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE
INSURANCE POLICY DATED 9.3.2026.
Exhibit P8 TRUE COPY OF THE ORDER DATED 28.3.2026
NO. DCPKD/3734/2026-D3 OF THE 1ST
RESPONDENT.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED
24.2.2020 IN W.P (C) NO.5261/2020.
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED
28.6.2024 IN WPC NO.22997/2024.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED
3.2.2026 IN WPC NO.4240/2026.
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED
20.2.2026 IN WPC NO.6462/2026.
W.P.(C).Nos.12805 and 12906 of 2026
2026:KER:29607
Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE
JUDGMENT DATED 19.3.2026 IN WPC
NO.10626/2026.
Exhibit P14 TRUE COPY OF THE APPLICATION IN FORM
AE6 DATED 23.3.2026 SUBMITTED BEFORE
THE 3RD RESPONDENT.
