Sivanarayanan.M vs District Collector
2026 Latest Caselaw 1862 Ker

Kerala High Court

Sivanarayanan.M vs District Collector on 20 February, 2026

W.P.(C).Nos.6462 and 6519 of 2026


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              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

  FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947

                          WP(C) NO. 6462 OF 2026

PETITIONER(S):

             KRISHNAKUMAR K.,
             AGED 47 YEARS
             S/O KONTHUNNI PANIKKAR, KALARIKKAL (H),
             MULANJOOR P.O, PALAKKAD, PIN - 679 511.


             BY ADVS.
             SRI.L.RAJESH NARAYAN
             SMT.KEERTHANA SARIGA T.S.




RESPONDENT(S):

     1       DISTRICT COLLECTOR,
             COLLECTORATE KENATHUPARAMBU, KUNATHURMEDU,
             PALAKKAD, KERALA, PIN - 678 013.

     2       REVENUE DIVISIONAL OFFICER,
             PARAKKUNNAM, VIDYUT NAGAR,
             PALAKKAD, KERALA, PIN - 678 001.

     3       ADDITIONAL DISTRICT MAGISTRATE,
             COLLECTORATE, CIVIL STATION,
             PALAKKAD, PIN - 678 001.

     4       SECRETARY,
             DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION,
             MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN,
             NEW DELHI, PIN - 110 011.
 W.P.(C).Nos.6462 and 6519 of 2026


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                                                  2026:KER:15551

     5       DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
             PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO),
             KENDRIYA BHAVAN, KAKKANAD,
             ERNAKULAM, PIN - 682 037.

             BY ADV.
                SMT.O.M.SHALINA, DSGI
                SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.02.2026, ALONG WITH WP(C).6519/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos.6462 and 6519 of 2026


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                                                   2026:KER:15551




              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

  FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947

                          WP(C) NO. 6519 OF 2026

PETITIONER(S):

             SIVANARAYANAN.M,
             AGED 65 YEARS,
             S/O MANIAN CHETTIYAR, SMC HOUSE,
             ANAVALAVU, PADOOR, KAVASSERY,
             PALAKKAD, PIN - 678 543.


             BY ADVS.
             SRI.L.RAJESH NARAYAN
             SMT.KEERTHANA SARIGA T.S.




RESPONDENT(S):

     1       DISTRICT COLLECTOR,
             COLLECTORATE KENATHUPARAMBU, KUNATHURMEDU,
             PALAKKAD, KERALA, PIN - 678 013.

     2       REVENUE DIVISIONAL OFFICER,
             PARAKKUNNAM, VIDYUT NAGAR,
             PALAKKAD, KERALA, PIN - 678 001.

     3       ADDITIONAL DISTRICT MAGISTRATE,
             COLLECTORATE, CIVIL STATION,
             PALAKKAD, PIN - 678 001.

     4       SECRETARY,
             DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION,
             MINISTRY OF COMMERCE AND INDUSTRY,
             UDYOG BHAVAN, NEW DELHI, PIN - 110 011.
 W.P.(C).Nos.6462 and 6519 of 2026


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                                                  2026:KER:15551

     5       DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
             PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO),
             KENDRIYA BHAVAN, KAKKANAD,
             ERNAKULAM, PIN - 682 037.


             BY ADV SHRI.VIVEK A.V., CGC
             SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.02.2026, ALONG WITH WP(C).6462/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos.6462 and 6519 of 2026


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                                                                 2026:KER:15551




                                      JUDGMENT

W.P.(C).No.6462/2026, first above referred, pertains to the

display of fireworks in connection with the festival of

Mulanjur Bhagavathy Temple, whereas in W.P.(C).No.6519/2026

pertains to the display in connection with the festival of

Sri Panikkanar Temple. In both these cases, the permission

sought for by the petitioners was refused vide Ext.P8 Order,

wherein common grounds have been canvassed. The first ground

is the absence of a magazine, a ground which has been frowned

upon by this Court in umpteen number of judgments holding

that for a temporary event like the present festival, a

portable magazine would suffice. The said ground will,

therefore, crumble to the ground.

2. The second ground is the absence of On-Site Emergency

Plan and Risk Assessment Reports certified by an agency

approved by P.E.S.O. In this regard, also, this Court has

taken stock of the fact that there is no such agency

available in Kerala, and that the nearest agency is the one

available at Nagpur, by name, Equinox. Therefore, the said

ground also cannot stand in the way of the petitioners. W.P.(C).Nos.6462 and 6519 of 2026

2026:KER:15551

3. The third ground is with respect to shortage of time to

test a sample. The same can be redressed by giving

appropriate directions. Accordingly, these Writ Petitions

will stand allowed, subject to the following directions:

(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 W.P.(C).Nos.6462 and 6519 of 2026

2026:KER:15551

fireworks display and issue necessary

directions, if necessary.

(vi) 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.

4. As regards the inspection dealt with in objection no.3

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 (21.02.2026) and the licence directed to be granted

will be subject to the result of the testing/verification.

These Writ Petitions will stand disposed of, as above.

Sd/-

C. JAYACHANDRAN, JUDGE

ak W.P.(C).Nos.6462 and 6519 of 2026

2026:KER:15551

APPENDIX OF WP(C) NO. 6462 OF 2026

PETITIONER'S EXHIBITS:-

Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-

6 SUBMITTED BY THE PETITIONER DATED 14.1.2026 BEFORE THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 29.4.2024.

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 P4(a) TRUE COPY OF THE LICENSE IN FORM LE7 DATED 23.4.2014 ISSUED BY THE 5TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE ONSITE EMERGENCY PLAN FOR FIREWORKS DISPLAY ON 22.2.2026.

Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS DISPLAY ON 22.2.2026.

Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 29.1.2026.

Exhibit P8 TRUE COPY OF THE ORDER DATED 16.2.2026 NO. DCPKD/718/2026-D3.

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C) NO.5261/2020.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 22.1.2026 IN WPC NO.2012/2026.

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 28.6.2024 IN WPC NO.22997/2024.

W.P.(C).Nos.6462 and 6519 of 2026

2026:KER:15551

Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 3.2.2026 IN WPC NO.4240/2026.

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 17.2.2026 IN WPC NO.6210/2026.

W.P.(C).Nos.6462 and 6519 of 2026

2026:KER:15551

APPENDIX OF WP(C) NO. 6519 OF 2026

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-

6 SUBMITTED BY THE PETITIONER DATED 6.12.2025 BEFORE THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 6.6.2015.

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/05.

Exhibit P4 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR/FIREWORKS DISPLAY ASSISTANT CERTIFICATE DATED 6.2.2025 NO.

E/SE/KL/FWD/OP/05 ISSUED BY THE 5TH RESPONDENT.

Exhibit P4(a) TRUE COPY OF THE RELEVANT PAGE OF LICENSE IN FORM LE7 DATED 23.4.2014 ISSUED BY THE 5TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE ONSITE EMERGENCY PLAN FOR FIREWORKS DISPLAY ON 22.2.2026.

Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR FIREWORKS DISPLAY ON 22.2.2026.

Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 16.1.2026.

Exhibit P8 TRUE COPY OF THE ORDER DATED 16.2.2026 NO. DCPKD/16733/2025-D3.

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C) NO.5261/2020.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 22.1.2026 IN WPC NO.2012/2026.

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 28.6.2024 IN WPC NO.22997/2024.

W.P.(C).Nos.6462 and 6519 of 2026

2026:KER:15551

Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 3.2.2026 IN WPC NO.4240/2026.

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 17.2.2026 IN WPC NO.6210/2026.