Citation : 2026 Latest Caselaw 1171 Ker
Judgement Date : 4 February, 2026
2026:KER:9562
WP(C) NO. 4270 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947
WP(C) NO. 4270 OF 2026
PETITIONER:
MANIKANDAN.R
AGED 54 YEARS
S/O RAMASWAMY, PARAMBIL (H), PALAPPURAM P.O, PALAKKAD,
PIN - 679103
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:9562
WP(C) NO. 4270 OF 2026
2
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO)
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN - 682037
BY ADV SMT.GAYATHRI KRISHNAN, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:9562
WP(C) NO. 4270 OF 2026
3
JUDGMENT
The impugned Order of rejection in this Writ Petition
contains the self-same reasons as dealt with by this Court in
W.P.(C).No.4240/2026. This fact is not disputed by the
learned Senior Government Pleader.
2. The reasons stated in the impugned Order cannot hold
the ground in view of the judgment in W.P.(C).No.4240/2026.
Accordingly, this Writ Petition will also stand allowed for
the same reasons as set out in the judgment dated 03.02.2026
in W.P.(C).No.4240/2026, subject to the following conditions:
(i) The petitioner shall produce portable
magazine/magazines to the satisfaction of the
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 2026:KER:9562 WP(C) NO. 4270 OF 2026
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.
3. 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 2026:KER:9562 WP(C) NO. 4270 OF 2026
effort shall be completed by 6 P.M. tomorrow (05.02.2026)
and the licence directed to be granted will be subject to
the result of the testing/verification.
This Writ Petition will stand disposed of as above.
Sd/-
C. JAYACHANDRAN
SAS JUDGE
2026:KER:9562
WP(C) NO. 4270 OF 2026
APPENDIX OF WP(C) NO. 4270 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 5.1.2010 ISSUED BY THE 5TH RESPONDENT 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 5.2.2026 Exhibit P6(a) TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS DISPLAY ON 5.2.2026 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 DECLARATION GIVEN BY THE LICENSEE DATED NIL Exhibit P8 TRUE COPY OF THE ORDER DATED 2.2.2026 NO.
DCPKD/63/2026-D3 2026:KER:9562 WP(C) NO. 4270 OF 2026
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
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