[Cites 0, Cited by 0]
Kerala High Court
Sree Marattil Kottaram Bhagavathi ... vs State Of Kerala on 26 February, 2026
W,P(C) No.7479 of 2026
. .1..
2026:KER:17248
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 26TH DAY OF FEBRUARY 2026/7TH PHALGUNA, 1947
WP(C) NO. 7479 OF 2026
PETITIONERS:
1 SREE MARATTIL KOTTARAM BHAGAVATHI DEWASOM THEKKE
CHERUVARAM,
SREE MARATTIL KOTTARAM BHAGAVATHI DEWASOM
MARAUD, ERNAKULAM, REPRESENTED BY ITS PRESIDENT
CHANDRA MOHAN P., S/O. AMBADY KESHAVA MENON,
RESIDING AT FLAT NO. E6, LOTUS RUKMINI KESHAVAM,
AMBADY KESHAVAMENON LANE GANDHI SQUARE,
POONITHURA, PIN - 682034
2 SREE MARATTIL KOTTARAM BHAGAVATHI DEWASOM
VADAKKE CHERUVARAM,
SREE MARATTIL KOTTARAM BHAGAVATHI DEWASOM
MARAUD, ERNAKULAM, REPRESENTED BY ITS PRESIDENT
SANTHOSH KUMAR C., AGED 56 YEARS, S/O. M. GOPALA
MENON, RESIDING AT SREE BADRAM, MANNOORE HOUSE,
MARADU, PIN - 682304
BY ADVS.
SRI.N.ANAND
SHRI.RAJESH O.N.
SHRI.AMEER SALIM
SHRI.SADIQ NAZAR
SHRI.ROY ANTONY
W,P(C) No.7479 of 2026
. .2..
2026:KER:17248
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR, ERNAKULAM
COLLECTORATE, KAKKANAD, KOCHI, PIN - 682030
3 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT
KOCHI, ERNAKULAM, KERALA, PIN - 682001
4 DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, X7FH+CQ9,
MARINE DRIVE WALKWAY, ERNAKULAM, PIN - 682011
5 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM,
KOCHI, PIN - 682037
6 THE STATION HOUSE OFFICER,
MARADU POLICE STATION, MARADU P.O.,
TRIPUNITHURA, KOCHI, PIN - 682004
7 ASSISTANCE DIVISION OFFICER,
FIRE AND RESCUE, CHOORAKAD, THRIPPUNITHURA,
ERNAKULAM, PIN - 682301
8 THE TAHSILDAR,
KANAYANNUR TALUK, PARK AVE, NEAR SUBHASH PARK,
MARINE DRIVE, KOCHI, KERALA, PIN - 682011
9 VILLAGE OFFICER,
NETTOOR, MARADU, ERNAKULAM, PIN - 682040
BY ADV.DEEPA NARAYANAN-SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W,P(C) No.7479 of 2026
. .3..
2026:KER:17248
J U D G M E N T
Dated this the 26th day of February, 2026
Petitioners are aggrieved by Ext.P9 Order of the District
Collector/Additional District Magistrate, which refused
permission to the petitioners for display of fireworks in
connection with the festival of 'Marattil Kottaram
Bhagavathi Dewasom Temple'. Several reasons are referred
to in Ext.P9. The application posing challenge against
Ext.P9 is seriously opposed by the learned Senior
Government Pleader, as also, by a person who proposed to
file an impleading petition, who would claim that he is a
nearby resident.
2. Ext.P9 is sought to be assailed by the learned
counsel for the petitioners for the alleged violation of
Rule 114 of the Explosives Rules, 2008, which mandates the
. .4..
2026:KER:17248
2nd respondent/District Collector to notify the objections
and to hear the applicant, in case the permission sought
for is found liable to be rejected. The said procedural
safeguard has not been complied with, is the essential
grievance. Learned counsel would submit that, insofar as
the dwelling houses which are available within the
prohibited distance, the petitioners have obtained
subsequently, the Non Objection Certificates from the
respective owners. The Non Objection Certificates from the
nearby hospital and school have also been obtained.
Ext.P13 is a judgment in favour of the petitioners,
wherein the distance criteria has already been considered,
is the argument advanced.
3. These arguments are seriously assailed by the learned
Senior Government Pleader by pointing out that the
permission sought for by the self-same temple for display
of fireworks was rejected by this Court in the last year,
vide Ext.P11 judgment, as also, in previous years. In
. .5..
2026:KER:17248
Ext.P11 judgment, the impossibility of erecting a
barricade around 100 meter radius of the proposed site has
been taken stock of. Further, the impossibility of
conducting fireworks in compliance with the Rules was also
taken stock of. Accidents which occurred during the years
1987, 2008 and 2016 were referred to. On such premise, the
prayer sought for, for display of fireworks was refused.
Learned Senior Government Pleader would submit that there
is no change of circumstance this year to take a different
view. Ext.P13 judgment has been attacked by pointing out
that the same was rendered prior to the amendment of the
Explosives Rules, 2024.
4. The person who seeks impleadment, though an
impleadment petition has not been filed, was also heard
for the sake of completion. Learned counsel would hand
over a judgment of this Court in W.P.(C)No.6258 of 2024,
wherein also, the impossibility to conduct display of
fireworks, adhering to the Rules, has been espoused.
. .6..
2026:KER:17248
5. Having heard the learned counsel for the petitioners,
the learned Senior Government Pleader, and also the
learned counsel for the proposed impleading petitioner,
this Court is of the opinion that Exts.P9 and P10 Orders
cannot be sustained, essentially for two reasons. The
application for display of fireworks was filed as early as
on 23.12.2025. It goes without saying that an application
for display of fireworks has to be considered and Orders
passed with reasonable dispatch; and at any rate, an Order
which has been delayed so as to frustrate the very purpose
of the application cannot be countenanced. The 2 nd
respondent/District Collector has sat over that
application for a period of more than one month - close to
two months - ultimately to reject the same on a day before
the date on which the display is scheduled. This conduct
has already been deprecated by this Court on several
occasions. Secondly, this Court notice that the
requirement in terms of Rule 114 of the Explosives Rules
. .7..
2026:KER:17248
to hear the petitioners, after notifying the objections,
is also not complied with.
6. In the circumstances, Exts.P9 and P10 will stand set
aside. The 2nd respondent/District Collector will stand
directed to hear the petitioners, as also, any other
interested persons, tomorrow itself (27.02.2026) and to
pass necessary Orders in accordance with law. It is
clarified that this Court has not made any observation on
the merits of the petitioners' application, especially in
the light of the close vicinity of the buildings near the
proposed line of display, and taking into account the
accidents, which have been referred to in Ext.P 11 Order.
The 2nd respondent/District Collector will stand
directed to take an independent call in the
petitioners' application seeking permission for
display of fireworks. Needless to say that, the Order
has to be passed as expeditiously as possible.
. .8..
2026:KER:17248
The Writ Petition (Civil) will stand disposed of, as
above.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
. .9..
2026:KER:17248
APPENDIX OF WP(C) NO. 7479 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION DATED
23.12.2025 SUBMITTED BY PETITIONER NO.1
Exhibit P2 A TRUE COPY OF THE RECEIPT ISSUED BY
ACKNOWLEDGING THE RECEIPT OF EXT. P1,
DATED 23.12.2025 IN NO. MA-
1395761/2025/TDCEKM
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED
24.12.2025 SUBMITTED BY PETITIONER NO.2
TO RESPONDENT NO. 2 ON 23.12.2025
Exhibit P4 A TRUE COPY OF THE RECEIPT ISSUED BY
THE OFFICE OF THE RESPONDENT NO.2
ACKNOWLEDGING THE RECEIPT OF EXT. P3,
DATED 23.12.2025 IN NO. MA-
1395769/2025/TDCEKM
Exhibit P5 A TRUE COPY OF THE LICENSE IN FORM LE1
DATED 25.02.2025 HELD BY BINOY JACOB
Exhibit P6 A TRUE COPY OF THE CERTIFICATE DATED
23.01.2025 ISSUED BY THE DEPUTY
CONTROLLER OF EXPLOSIVES, ERNAKULAM TO
STEPHIN N J
Exhibit P7 A TRUE COPY OF THE SPECIAL CONTINGENCY
INSURANCE POLICY DATED 22.12.2025
ISSUED BY M/S. ORIENTAL INSURANCE
COMPANY LTD
Exhibit P8 A TRUE COPY OF THE NOC ISSUED BY THE
DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM
IN NO. DDEEKM/614/2026-C4 DATED
29.01.2026
Exhibit P8 (a) A TRUE COPY OF THE SITE PLAN SUBMITTED
Exhibit P9 A TRUE COPY OF THE ORDER DATED
24.02.2026 PASSED BY RESPONDENT NO. 2IN
DCEKM/15516/2025-M4
. .10..
2026:KER:17248
Exhibit P10 A TRUE COPY OF THE ORDER DATED
IN DCEKM/15514/2025-M4
Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED
05.03.2025 PASSED BY THIS HON'BLE COURT
Exhibit P12 A TRUE COPY OF THE ORDER DATED
06.03.2025 PASSED BY THIS HON'BLE COURT
IN RP NOS. 321 AND 323 OF 2025
Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED
20.02.2019 PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO. 4075 OF 2019
Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED
26.02.2020 PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO. 5485 OF 2020
