Citation : 2026 Latest Caselaw 2641 Ker
Judgement Date : 7 April, 2026
2026:KER:31325
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 13641 OF 2026
PETITIONER:
RATHEESH
AGED 39 YEARS
S/O NARAYANAN, CHEERAMKUNNINMEL(H), PULIYANAMKUNNU P.O
CHALAVARA, OTTAPALAM, PALAKKAD, PIN - 679505
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.SAGITH KUMAR V., CGC
WP(C) Nos.13641, 13947 & 13750 of 2026 -2-
2026:KER:31325
SENIOR GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2026, ALONG WITH WP(C).13750/2026, 13947/2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13641, 13947 & 13750 of 2026 -3-
2026:KER:31325
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 13750 OF 2026
PETITIONER:
K SADANANDAN
AGED 60 YEARS
S/O KUTTAPPAN EZHUTHACHAN, PARAKKATTIL (H)
CHALAVARA, OTTAPALAM, PALAKKAD, PIN - 679505
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
RDO OFFICE 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
WP(C) Nos.13641, 13947 & 13750 of 2026 -4-
2026:KER:31325
SENIOR GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2026, ALONG WITH WP(C).13641/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13641, 13947 & 13750 of 2026 -5-
2026:KER:31325
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(C) NO. 13947 OF 2026
PETITIONERS:
1 SIVARAMAN
AGED 64 YEARS
S/O. CHERIYAAPPU, PRESIDENT, SREE KURUMBA BHAGAVATHY
PAKALVELA COMMITTEE, AYALUR, RESIDING AT ARIYAKODE
HOUSE, NSS COLLEGE P.O., NENMARA, PALAKKAD DISTRICT,
PIN - 678508
2 M. AJITH KUMAR
AGED 67 YEARS
S/O. NARAYANA MENON, PRESIDENT, SREE KURUMBA
BHAGAVATHY TEMPLE VELA COMMITTEE, AYALUR, RESIDING
AT AMMUTHALA VEEDU, AYILUR P.O., CHITTUR TALUK,
PALAKKAD, PIN - 678510
BY ADV SRI.P.R.VENKATESH
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, PALAKKAD, PIN - 678001
2 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, CIVIL STATION, PALAKKAD, PIN - 678001
3 TAHSILDAR
TALUK OFFICE, CHITTUR, PALAKKAD DISTRICT, PIN -
678101
4 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT CHIEF POLICE, YAKKARA, NEAR
KSRTC BUS STAND PALAKKAD, PIN - 678014
WP(C) Nos.13641, 13947 & 13750 of 2026 -6-
2026:KER:31325
5 DISTRICT OFFICER
FIRE & RESCUE OFFICE, CIVIL STATION, PALAKKAD, PIN -
678001
6 SECRETARY
AYALUR GRAMA PANCHAYAT, AYALUR, PALAKKAD, PIN -
678510
7 DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, PETROLEUM & EXPLOSIVES
SAFETY ORGANISATION, (PESO), KENDRIYA BHAVAN,
KAKKANAD, ERNAKULAM, PIN - 682037
8 VILLAGE OFFICER
VILLAGE OFFICE, AYALUR, PALAKKAD DISTRICT, PIN -
678510
9 SECRETARY
THE DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION,
MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW
DELHI, PIN - 110011
BY ADV SMT.V.K.HEMA, CGC
SENIOR GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2026, ALONG WITH WP(C).13641/2026 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.13641, 13947 & 13750 of 2026 -7-
2026:KER:31325
JUDGMENT
Dated this the 7th day of April, 2026
These writ petitions are filed challenging the order of rejection,
whereby the permission sought for conducting display of fireworks
has been declined by the 1st respondent District Collector.
2. It is submitted that four reasons have been stated for
rejecting the claim of the petitioners, i.e. authorisation has not been
obtained from the Chief Controller of Explosives, the details of the
fireworks used is not intimated to the District Magistrate, there is no
magazine provided as per the PESO guidelines and that the samples
have not been verified by a chemical laboratory. The learned
Counsel appearing for the petitioners would submit that said issue
was considered in a series of writ petitions including WP(C) No.12070
of 2026 and permissions have been granted.
3. Heard the learned Government Pleader and the learned
Central Government Counsel appearing for the respondents.
Taking into consideration the above facts and circumstances of
the case, I am inclined to dispose of the writ petitions with a
direction to the 1st respondent-District Collector to grant permission
to the petitioners for display of fireworks on the scheduled date
subject to the following conditions:
2026:KER:31325
I. The petitioners shall produce portable magazines to the
satisfaction of the authorities for the storage of the fireworks.
II. The petitioners shall satisfy all other requisite conditions for
fireworks display under LE-6 licence 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.
VI.In case of violation of any of the conditions, it will be open to
the ADM or other competent officials to take appropriate action
in accordance with law.
VII. As regards the inspection of the sample crackers, the
petitioners will produce the same before the 1 st
respondent/District Collector by.5.00 p.m. today (07.04.2026).
The 1st respondent/District Collector will stand directed to
receive the samples and to do the needful for
2026:KER:31325
testing/identification of the same to ascertain whether there is
any objectionable material in the crackers. The effort shall be
completed by 5.00 p.m. tomorrow (08.04.2026) and the licence
directed to be granted will be subject to the result of the
testing/verification.
VIII. The learned Government Pleader will inform the gist of the
judgment to the 1st respondent/District Collector forthwith.
Sd/-
VIJU ABRAHAM JUDGE
sbk/-
2026:KER:31325
APPENDIX OF WP(C) NO. 13641 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.2.2026 Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 29.4.2024 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 EMERGENCY PLAN FOR
FIREWORKS DISPLAY ON 8.4.2026
Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR
THE FIREWORKS DISPLAY ON 8.4.2026 Exhibit P6(a) TRUE COPY OF THE REPORT OF THE TAHSILDAR, OTTAPALAM DATED 28.3.2026 TO THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE INSURANCE POLICY DATED 16.3.2026 Exhibit P8 TRUE COPY OF THE ORDER DATED 1.4.2026 NO.
DCPKD/743/2026-D3 OF THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020
Exhibit P10 TRUE COPY OF THE ORDER DATED 18.3.2025 IN
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 3.2.2026
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 20.2.2026
Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE JUDGMENT DATED 19.3.2026 IN WPC
2026:KER:31325
APPENDIX OF WP(C) NO. 13750 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.2.2026 Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 29.4.2024 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 EMERGENCY PLAN FOR
FIREWORKS DISPLAY ON 8.4.2026
Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR
THE FIREWORKS DISPLAY ON 8.4.2026 Exhibit P6(a) TRUE COPY OF THE REPORT OF THE TAHSILDAR, OTTAPALAM DATED 28.3.2026 TO THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE INSURANCE POLICY DATED 16.3.2026 Exhibit P8 TRUE COPY OF THE ORDER DATED 1.4.2026 NO.
DCPKD/719/2026-D3 OF THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020
Exhibit P10 TRUE COPY OF THE ORDER DATED 18.3.2025 IN
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 3.2.2026
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 20.2.2026
Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE JUDGMENT DATED 19.3.2026 IN WPC
2026:KER:31325
APPENDIX OF WP(C) NO. 13947 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PAMPHLET FOR THIS YEAR FESTIVAL (2026) Exhibit P2 TRUE COPY OF THE APPLICATION DATED 22.1.2026 SUBMITTED BY THE 1ST PETITIONER BEFORE THE ADM Exhibit P3 TRUE COPY OF THE APPLICATION DATED 22.1.2026 SUBMITTED BY THE 2ND PETITIONER BEFORE THE ADM Exhibit P4 TRUE COPY OF THE LICENCE FORM LE-1 WHICH IS RENEWED UPTO 31.03.2028 OF THE 1ST PETITIONER Exhibit P5 TRUE COPY OF SKETCH PRODUCED BY THE 1ST PETITIONER Exhibit P6 TRUE COPY OF THE LICENCE FORM LE-1 WHICH IS RENEWED UPTO 31.03.2029 OF THE 2ND PETITIONER Exhibit P7 TRUE COPY OF SKETCH PRODUCED BY THE 2ND PETITIONER Exhibit P8 TRUE COPY OF THE INSURANCE FROM 5.4.2026 TO MIDNIGHT OF 18.4.2026 Exhibit P9 TRUE COPY OF ORDER (FILE NO.
DCPKD/1019/2026-D3) DATED 1.4.2026 REJECTING EXT P2 APPLICATION Exhibit P10 TRUE COPY OF ORDER (FILE NO.
DCPKD/933/2026-D3) DATED 1.4.2026 REJECTING EXT P3 APPLICATION Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P.(C) NO. 5261/2020 OF THE DIVISION BENCH OF THIS HON'BLE COURT Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 11.4.2024 IN W.A. NO. 563/2024 OF THIS HON'BLE COURT Exhibit P13 TRUE COPY OF THE ORDER DATED 3.4.2023 IN
Exhibit P14 TRUE COPY OF CERTIFICATE OF COMPETENCY FOR FIREWORKS DISPLAY OPERATOR/FIREWORK DISPLAY ASSISTANT IN FORM LE-11A OF PRASAD C DATED 6.2.2025 Exhibit P15 TRUE COPY OF CERTIFICATE OF COMPETENCY FOR FIREWORKS DISPLAY OPERATOR/FIREWORK DISPLAY ASSISTANT IN FORM LE-11A OF
2026:KER:31325
PRAMOD. C. DATED 6.2.2025 Exhibit P16 TRUE COPY OF THE ORDER DATED 10.4.2025 IN W.P.(C) NO. 13652/2025 OF THIS HON'BLE COURT Exhibit P17 TRUE COPY OF JUDGMENT DATED 1.4.2026 IN
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