Citation : 2026 Latest Caselaw 1278 Ker
Judgement Date : 6 February, 2026
2026:KER:10837
WP(C) NO. 4697 OF 2026
1
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. 4697 OF 2026
PETITIONER:
RAMAN.V, AGED 43 YEARS
S/O RAMAKUMAR.M, VAIKKAKKARA (H) AKALUR P.O, OTTAPALAM,
PALAKKAD, PIN - 679392
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.DEEPA NARAYANAN, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:10837
WP(C) NO. 4697 OF 2026
2
JUDGMENT
Rejection of permission to conduct display of fireworks by
the faithful in one desom in respect of the self-same temple
has been considered by this court, vide Ext.P13 judgment.
Learned counsel for the petitioner would submit that the
instant case is one in respect of an application preferred by
the faithful in another desom, for conducting the display of
fireworks, in connection with the festival of the same temple
and hence, Ext.P13 judgment can govern the state of affairs
with respect to the instant application as well.
2. Having heard the learned counsel for the petitioner
and the learned Government Pleader on behalf of the
respondents, this Court finds that the submission made by the
learned counsel for the petitioner is only to be accepted.
Accordingly Ext.P8 will stand set aside and directions
similar to the one issued in Ext.P13 are hereby issued to the
3rd respondent/A.D.M, so as to issue licence in Form LE-6 to
the petitioner to conduct the display of fireworks on
10.02.2026 at 9.30 P.M. subject to the same conditions which
are extracted here below:
2026:KER:10837 WP(C) NO. 4697 OF 2026
(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 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 2026:KER:10837 WP(C) NO. 4697 OF 2026
sample of the fancy crackers before 11 A.M. tomorrow
(07.02.2026) 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. on 09.02.2026 and the
licence directed to be granted will be subject to the
result of the testing/verification.
4. 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:10837 WP(C) NO. 4697 OF 2026
APPENDIX OF WP(C) NO. 4697 OF 2026
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY THE PETITIONER DATED 30.12.2025 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 10.2.2026 Exhibit P6(a) TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS DISPLAY ON 10.2.2026 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 29.12.2025 Exhibit P8 TRUE COPY OF THE ORDER DATED 2.2.2026 NO.
DCPKD/114/2026-D3 Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN
2026:KER:10837 WP(C) NO. 4697 OF 2026
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 22.1.2026 IN
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 28.1.2026 IN
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 28.6.2024 IN
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 3.2.2026 IN
Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY
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