Rajeevan M vs District Collector
2026 Latest Caselaw 1517 Ker

Kerala High Court

Rajeevan M vs District Collector on 12 February, 2026

WP(C) Nos.5284/2026,
5304/2026, 5342/2026,
5350/2026                            1               2026:KER:13082

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947

                         WP(C) NO. 5284 OF 2026

PETITIONER:

             RAGHUNATH,
             AGED 59 YEARS
             S/O. GOVIND PANICKER, VILAMBATH (H),THALAPPALLY,
             THRISSUR, PIN - 680589


             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
 WP(C) Nos.5284/2026,
5304/2026, 5342/2026,
5350/2026                           2                  2026:KER:13082

             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.
             SRI.AJITH VISWANATHAN - GP
             SRI.PRAVEEN K - CGC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2026, ALONG WITH WP(C).5304/2026, 5342/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.5284/2026,
5304/2026, 5342/2026,
5350/2026                            3               2026:KER:13082


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947

                         WP(C) NO. 5304 OF 2026

PETITIONER:

             RAJEEVAN M.,
             AGED 43 YEARS
             S/O. UNNIKRISHNAN.N, MOOTHAMANA (H), MANALITHARA P.O.,
             THRISSUR, PIN - 680587

             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
 WP(C) Nos.5284/2026,
5304/2026, 5342/2026,
5350/2026                           4                  2026:KER:13082

             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.
             SRI.AJITH VISWANATHAN - GP
             SRI.PRAVEEN K - CGC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2026, ALONG WITH WP(C).5284/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.5284/2026,
5304/2026, 5342/2026,
5350/2026                            5               2026:KER:13082


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947

                         WP(C) NO. 5342 OF 2026

PETITIONER:

             RAGHU P.K.,
             AGED 55 YEARS
             S/O. P.K. KRISHNANKUTTY NAIR, PALISSERY (H),
             THEKKUMKARA P.O., THRISSUR, PIN - 680589

             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
 WP(C) Nos.5284/2026,
5304/2026, 5342/2026,
5350/2026                           6                  2026:KER:13082

             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.
             SRI.AJITH VISWANATHAN - GP
             SRI.PRAVEEN K - CGC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2026, ALONG WITH WP(C).5284/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.5284/2026,
5304/2026, 5342/2026,
5350/2026                            7               2026:KER:13082


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947

                         WP(C) NO. 5350 OF 2026

PETITIONER:

             T.R. DINESHKUMAR,
             AGED 49 YEARS
             S/O. RAMAKRISHNAN NAIR, VATTEKKATT (H), KARUMATHRA
             P.O., THRISSUR, PIN - 680589


             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
 WP(C) Nos.5284/2026,
5304/2026, 5342/2026,
5350/2026                           8                2026:KER:13082

     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.
             SRI.AJITH VISWANATHAN - GP
             SRI.PRAVEEN K - CGC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2026, ALONG WITH WP(C).5284/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.5284/2026,
5304/2026, 5342/2026,
5350/2026                                  9                    2026:KER:13082

                                    JUDGMENT

[WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026]

These Writ Petitions pertains to rejection of a

permission sought for by the respective petitioners for

display of fireworks in connection with the festival of

the 'Machad Mamankam' at Thrissur. Four different desom

by name Manalithara desom, Karumathra desom, Thekkumkara

desom and Virupakkam desom have applied for necessary

permission for display of fireworks on different dates,

at different times. The permission sought for is refused

for the common reasons of (1) not having a permanent

magazine, (2) absence of an access to the barren paddy

field, where the display is scheduled and (3) absence of

an onsite emergency and risk assessment plan by an

agency approved by P.E.S.O.

2. One additional objection is seen picked up in

W.P(C).Nos.5304/2026 and 5342/2026, which is to the

effect that the licence of the operator had expired.

WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 10 2026:KER:13082

3. Having heard the learned counsel for the petitioners,

the learned Government Pleader and the learned C.G.C,

this Court notice that a permanent magazine cannot be

insisted upon, as held by this Court in several

judgments and that a portable magazine would suffice,

which the petitioners are ready to arrange. As regards

absence of the above referred certificates by an agency

approved by P.E.S.O., this Court took stock of the

situation in the judgment in W.P.(C).No.22997/2024 and

held that there is no agency, approved by P.E.S.O,

except the one by name 'Equinox' at Nagpur. Therefore,

the said objection also cannot be upheld. The third is

with respect to the absence of an access, which is also

found to be incorrect, as could be seen from Ext.P5 plan,

which depicts the existence of 4.5 meter wide road on

the eastern side. The last objection is the expiry of the

licence of the operator, where also has to be discounted

for the reason that the licence has been renewed

subsequently, as could be seen from Exts.P3 and P4.

WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 11 2026:KER:13082

4. In the circumstances, the 3rd respondent/Additional

District Magistrate will stand directed to issue

necessary permission to the petitioners in these four

Writ Petitions for display of of fireworks on the dates

and time specified in their application filed by the

respective petitioners, subject to the following

conditions:

(i) The petitioners shall produce portable

magazine/magazines to the satisfaction of the

authorities for the storage of the fire works.

(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 WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 12 2026:KER:13082

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) In case of violation of any of the

conditions, it will be open to the A.D.M or

other competent officials to take appropriate

action in accordance with law.

(vi) The police department and other

statutory authorities shall supervise the

entire fireworks display and issue necessary

directions, if necessary.

5. As regards the inspection of sample, the

respective petitioners will produce sample crackers

before the 3rd respondent by 10.00 am tomorrow

(13/2/2026). The 3rd respondent will stand directed to

receive the sample and to do the needful for testing/ WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 13 2026:KER:13082

identification of the same, so as to ascertain

whether there is any objectionable material. The

effort shall be completed by 5.00 pm on 14/2/2026.

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

ska WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 14 2026:KER:13082

APPENDIX OF WP(C) NO. 5284 OF 2026

PETITIONER 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 5.1.2010 ISSUED BY THE 5TH RESPONDENT 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 15.2.2026 Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS DISPLAY ON 15.2.2026 Exhibit P6(a) TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, KARUMATHRA NO.13/2026 DATED 19.1.2026 Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 5.2.2026 Exhibit P8 TRUE COPY OF THE ORDER DATED 9.2.2026 NO.

DCTSR/16788/2025-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 JUDGMENT DATED 22.1.2026 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 WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 15 2026:KER:13082

Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 16 2026:KER:13082

APPENDIX OF WP(C) NO. 5304 OF 2026

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY THE PETITIONER DATED NIL BEFORE THE 3RD RESPONDENT ALONG WITH ITS TYPED COPY Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 24.10.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR LICENSE NO. IN FORM LE-11A ISSUED BY THE 5TH RESPONDENT DATED 6.2.25 NO. E/SE/KL/FWD/AS/06 Exhibit P4 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR/FIREWORKS DISPLAY ASSISTANT CERTIFICATE DATED 6.2.2025 NO.

E/SE/KL/FWD/OP/06 ISSUED BY THE 5TH RESPONDENT Exhibit P5 TRUE COPY OF THE ONSITE EMERGENCY PLAN FOR FIREWORKS DISPLAY ON 15.2.2026 AND 17.2.2026 Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS DISPLAY ON 15.2.2026 AND 17.2.2026 Exhibit P6(a) TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, THEKKUMKARA GROUP DATED 21.1.2026 Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 5.2.2026 Exhibit P8 TRUE COPY OF THE ORDER DATED 9.2.2026 NO.

DCTSR/16787/2025-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 JUDGMENT DATED 22.1.2026 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

WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 17 2026:KER:13082

Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 18 2026:KER:13082

APPENDIX OF WP(C) NO. 5342 OF 2026

PETITIONER 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 31.8.2000 ISSUED BY THE 5TH RESPONDENT Exhibit P3 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR LICENSE NO. IN FORM LE-11A ISSUED BY THE 5TH RESPONDENT DATED 6.2.25 NO. E/SE/KL/FWD/AS/06 Exhibit P4 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR/FIREWORKS DISPLAY ASSISTANT CERTIFICATE DATED 6.2.2025 NO.

E/SE/KL/FWD/OP/06 ISSUED BY THE 5TH RESPONDENT Exhibit P5 TRUE COPY OF THE ONSITE EMERGENCY PLAN FOR FIREWORKS DISPLAY ON 13.2.2026 AND 17.2.2026 Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS DISPLAY ON 13.2.2026 AND 17.2.2026 Exhibit P6(a) TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, THEKKUMKARA GROUP DATED 21.1.2026 Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 5.2.2026 Exhibit P8 TRUE COPY OF THE ORDER DATED 9.2.2026 NO.

DCTSR/16786/2025-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 JUDGMENT DATED 22.1.2026 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

WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 19 2026:KER:13082

Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 20 2026:KER:13082

APPENDIX OF WP(C) NO. 5350 OF 2026

PETITIONER 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 ISSUED BY THE 3RD RESPONDENT 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 15.2.2026 Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS DISPLAY ON 15.2.2026 Exhibit P6(a) TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, KARUMATHRA DATED 19.1.2026 Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 5.2.2026 Exhibit P8 TRUE COPY OF THE ORDER DATED 9.2.2026 NO.

DCTSR/16789/2025-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 JUDGMENT DATED 22.1.2026 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

WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026 21 2026:KER:13082

Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY