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Kerala High Court
Joshy Puthirikkal vs District Collector on 6 February, 2026
2026:KER:10825
WP(C) NO. 4694 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
WP(C) NO. 4694 OF 2026
PETITIONER:
JOSHY PUTHIRIKKAL
AGED 56 YEARS
PUTHIRIKKAL HOUSE, VETTUKADAVU ROAD, CHALAKUDY P.O,
THRISSUR, PIN - 680307
BY ADVS.
SRI.L.RAJESH NARAYAN
SMT.KEERTHANA SARIGA T.S.
RESPONDENTS:
1 DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN
NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003
2 REVENUE DIVISIONAL OFFICER
CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, PIN - 680003
3 ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE CIVIL STATION, CIVIL LINES RD, KALYAN
NAGAR, AYYANTHOLE, THRISSUR, PIN - 680003
4 SECRETARY
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION MINISTRY
OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI, PIN
- 110011
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WP(C) NO. 4694 OF 2026
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5 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO)
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN - 682037
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 4694 OF 2026
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JUDGMENT
Before considering the merits of the matter, this Court
notice that, in an application preferred as early as on
08.12.2025, an Order has been passed only yesterday
(05.02.2026), when the display of firework stands scheduled
on 08.02.2026 and 09.02.2026. This Court finds inordinate
delay in dealing with the application, no matter whether this
is deliberate or otherwise.
2. In the circumstances, this Court requested the
presence of the learned Additional Advocate General and
appraised him of the gravity of the situation. Learned
Additional Advocate General would ensure that, apart from
complying with the directions contained in the judgment in
W.P.(C).No.4380/2026, oral instructions can be issued
forthwith to all the District Collectors to deal with
applications for display of fireworks with reasonable
dispatch. The submission made by the learned Additional
Advocate General is recorded. Learned Additional Advocate
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WP(C) NO. 4694 OF 2026
General would also graciously undertake to communicate the
Order passed in W.P.(C).No.4380/2026 to all the District
Collectors.
3. With this prelude, this Court will address the
issues involved in this matter.
4. Petitioner is aggrieved by Ext.P8 Order of
rejection, as per which, the petitioner's request for
permission for display of fireworks in connection with the
Ambu Perunal of the St.Mary's Forouna Church has been
dismissed. The reasons which are taken stock of in
rejecting the petitioner's application are enumerated in
page No.3 of the impugned Ext.P8 Order.
5. As regards the first objection with respect to
absence of the magazine, this Court has already opined that
a permanent magazine may not be insisted upon for a
temporary event of display for a specified number of days,
which in the instant case is for two days.
6. As regards the second ground, it is the contention
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WP(C) NO. 4694 OF 2026
of the learned counsel for the petitioner that the risk
assessment report and the onsite emergency plan are readily
available with the petitioner and the same can be produced
before the 3rd respondent/A.D.M. by 10 A.M. tomorrow
(07.02.2026).
7. As regards objections 4 and 5, learned counsel
would rely on Ext.P5 plan, which would satisfy the distance
criteria, as required by the statute and rules. It is the
submission made by the learned counsel for the petitioner
that the same can also be submitted before the 3rd
respondent/A.D.M. by 10 A.M. tomorrow (07.02.2026).
8. In the circumstances, the 3rd respondent will stand
directed to consider the records being submitted by the
petitioner in support of his application for permission and
if the 3rd respondent is satisfied of the requirements,
necessary permission will be granted for display of fireworks
on 08.02.2026 and 09.02.2026. The petitioner will produce the
afore referred records before the 3rd respondent by 10 A.M.
tomorrow (07.02.2026).
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WP(C) NO. 4694 OF 2026
This Writ Petition will stand disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SAS
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WP(C) NO. 4694 OF 2026
APPENDIX OF WP(C) NO. 4694 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
25.2.2025
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 08/02/2026, 09/02/2026
Exhibit P6 TRUE COPY OF THE DISASTER MANAGEMENT PLAN FOR
FIREWORKS DISPLAY ON 8.2.2026 AND 9.2.2026
Exhibit P6(a) TRUE COPY OF THE NOC ISSUED BY SMT.BERLIN
Exhibit P6(b) TRUE COPY OF THE NOC ISSUED BY OTHER
RESIDENTS
Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED
2.2.2026
Exhibit P8 TRUE COPY OF THE ORDER DATED 05.02.2026 NO.
DCTSR/16984/2025-C6
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 28.6.2024 IN
Exhibit P15 TRUE COPY OF THE NOTIFICATION DATED
11.10.2024 ISSUED BY THE JOINT SECRETARY,
MINISTRY OF COMMERCE AND INDUSTRY
