Vinodkumar vs District Collector
2026 Latest Caselaw 1092 Ker

Citation : 2026 Latest Caselaw 1092 Ker
Judgement Date : 3 February, 2026

[Cites 0, Cited by 0]

Kerala High Court

Vinodkumar vs District Collector on 3 February, 2026

                                                          2026:KER:9222
WP(C) NO. 4240 OF 2026

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947

                         WP(C) NO. 4240 OF 2026

PETITIONER:

          VINODKUMAR
          AGED 55 YEARS
          S/O GOVINDAN NAIR, SIVADAM MANGALAM P.O, LAKKIDI,
          PALAKKAD, PIN - 679301


          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
                                                      2026:KER:9222
WP(C) NO. 4240 OF 2026

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          PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO)
          KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN - 682037




          SMT.DEEPA NARAYANAN (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                      2026:KER:9222
WP(C) NO. 4240 OF 2026

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                                  JUDGMENT

The petitioner approached this Court aggrieved by Ext.P8

order, which rejects Ext.P1 application, seeking permission

for display of fireworks in connection with the festival of

Chinakkathoor Temple, Vadakkumangalam Desom. The primary

point espoused by the learned counsel for the petitioner is

that Ext.P1 is an application filed on 30.12.2025. It is

specifically stated in Ext.P1 that the fireworks is

scheduled to be held on 04.02.2026 at 9.30 P.M. However,

Ext.P8 rejection Order is passed only yesterday

(02.02.2026). The second point argued by the learned

counsel for the petitioner is that all the four objections

as reflected in Ext.P8 are the ones specifically considered

by this Court in Ext.P15 judgment. On such premise, the

petitioner seeks an Order in the same lines as indicated in

Ext.P15. As regards the paucity of time with respect to

inspection of the crackers, learned counsel would submit

that the usual practice is to provide the sample crackers

on the date of display and inspection/testing is done on

the same day. Learned counsel would offer that the sample 2026:KER:9222 WP(C) NO. 4240 OF 2026

practice can be provided either today itself or tomorrow

early morning, so as to enable testing on the same.

2. Learned Government Pleader would submit that for

the reasons stated in Ext.P8, the same cannot be said to be

illegal.

3. Having heard the learned counsel appearing for the

respective parties, this Court finds absolute merit in the

arguments put forwarded by the learned counsel for the

petitioner, especially the one to the effect that all four

objections in the impugned Ext.P8 Order is covered in

favour of the petitioner in Ext.P15 judgment.

4. In the circumstances, Ext.P8 will stand set aside.

The 3rd respondent/Additional District Magistrate will

stand directed to issue licence in Form-LE-6 to the

petitioner to conduct public display of fireworks on

04.02.2026 at 9.30 P.M., subject to the following

conditions:

(i) The petitioner shall produce portable

magazine/magazines to the satisfaction of the 2026:KER:9222 WP(C) NO. 4240 OF 2026

authorities for the storage of the fire works.

(ii) The petitioner 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

fire works 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.

2026:KER:9222 WP(C) NO. 4240 OF 2026

5. As regards the inspection dealt with in objection

no.4 in Ext.P8, the petitioner will make available the

sample of the fancy crackers before 5 P.M. today to the 3rd

respondent. The 3rd respondent will stand directed to

receive the samples and to do the needful for

testing/identification of the same to ascertain whether

there is any objectionable material in the crackers. This

effort shall be completed by 6 P.M. tomorrow (04.02.2026)

and the licence directed to be granted will be subject to

the result of the testing/verification.

6. The learned Government Pleader will inform the gist

of the judgment to the 3rd respondent/Additional District

Magistrate forthwith.

This Writ Petition will stand disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE SAS 2026:KER:9222 WP(C) NO. 4240 OF 2026

APPENDIX OF WP(C) NO. 4240 OF 2026

PETITIONER'S 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 29.4.2024 Exhibit P2(a) TRUE COPY OF THE LICENSE IN FORM LE1 DATED 05.01.2010 Exhibit P3 TRUE COPY OF THE LICENSE FOR ROAD VAN FOR TRANSPORT OF EXPLOSIVES DATED 11.8.2015 ISSUED BY THE 5TH RESPONDENT Exhibit P4 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 P5 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 P6 TRUE COPY OF THE ONSITE EMERGENCY PLAN FOR FIREWORKS DISPLAY ON 4.2.2026 Exhibit P6(a) TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS DISPLAY ON 4.2.2026 Exhibit P6(b) TRUE COPY OF THE NOC DATED NIL ISSUED BY SRI.BALAN PILLAI Exhibit P6(c) TRUE COPY OF THE NOC DATED NIL ISSUED BY SRI.

SIVADASAN Exhibit P6(d) TRUE COPY OF THE NOC DATED NIL ISSUED BY SRI.

SUNDARAN PILLAI Exhibit P6(e) TRUE COPY OF THE NOC DATED NIL ISSUED BY SMT.VASANTHAKUMARI Exhibit P6(f) TRUE COPY OF THE NOC DATED NIL BY OTHER RESIDENTS Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 15.1.2026 Exhibit P7(a) TRUE COPY OF THE AFFIDAVIT OF THE LICENSEE DATED NIL Exhibit P7(b) TRUE COPY OF THE DECLARATION GIVEN BY THE LICENSEE DATED NIL 2026:KER:9222 WP(C) NO. 4240 OF 2026

Exhibit P8 TRUE COPY OF THE ORDER DATED 2.2.2026 NO.

DCPKD/167/2026-D3 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 25.4.2025 IN WPC NO.16960/2025 Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 2.5.2025

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 22.1.2026 IN

Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 28.1.2026 IN

Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 28.6.2024 IN

Exhibit P16 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY