Citation : 2026 Latest Caselaw 975 Ker
Judgement Date : 30 January, 2026
WP(C) NO. 3531 OF 2026 1 2026:KER:7854
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
WP(C) NO. 3531 OF 2026
PETITIONER:
SURENDRAN P.A.,
AGED 65 YEARS
S/O. APPUKUTTAN, PULLANIPARAMBATH (H),
CHOWANNUR P.O., CHOWANNUR, THRISSUR,
SECRETARY, PANDALOOR SIVA BHAGAVATHY KSHETHRAM,
POORAGHOSHAM, HMCFIRE WORKS ZOMMITTEE,
2026 CHOWANNUR P.O., THRISSUR, PIN - 680517
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,
WP(C) NO. 3531 OF 2026 2 2026:KER:7854
THRISSUR, PIN - 680003
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
SMT.DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3531 OF 2026 3 2026:KER:7854
JUDGMENT
The petitioner approached this Court aggrieved by
Ext.P8, which refused permission to the petitioner for
display of fireworks in connection with the festival of
Sree Pandaloor Siva Bhagavathy Temple. The reasons
stated in Ext.P8 is that the petitioner had not obtained
necessary permission for establishing a explosive
magazine; that the petitioner had not produced the
public liability insurance, the risk assessment report,
the on-site emergency plan, a copy of the licence for
establishing magazine, the certificates to be issued to
the fireworks display operator and the fireworks display
assistant etc. The petitioner was directed to produce
these records. However, the same has not been produced,
is what is seen stated in Ext.P8. An additional reason
stated is that there is no sufficient access to the
temple for plying the fire engine, if necessity arise.
Another reason stated is that the barricade for the WP(C) NO. 3531 OF 2026 4 2026:KER:7854
security of the spectators is also not established.
2. When this matter was taken up for consideration on
29.01.2026, learned counsel for the petitioner would
submit that all the records, which are made mention of
in clause no.2 of page no.2 of Ext.P8 (running page
no.36) have been submitted to the 3 rd respondent/
Additional District Magistrate. This Court directed the
learned Senior Government Pleader to ascertain whether
these records have been submitted or not. Learned
Government Pleader, after due instructions, would submit
that the records have not been submitted to the
Additional District Magistrate, so far. Petitioner's
counsel would submit that the records have been produced
in this Writ Petition.
3. This Court notice that, it is not for this Court to
satisfy with respect to the availability of the records
made mention of in clause no.2 mentioned in Ext.P8. It WP(C) NO. 3531 OF 2026 5 2026:KER:7854
is before the competent authority that the petitioner
ought to have produced these documents. According to the
petitioner, the application for permission was filed as
early as on 18.11.2025. The petitioner should have been
aware of the documents, which are liable to accompany in
application seeking permission for display of fireworks.
The contents of Ext.P8 would indicate that despite
direction, the documents have not been produced.
4. This Court also take stock of the fact that the
petitioner made a specific assertion yesterday
(29/1/2026) that these documents have been produced,
which is found to be false. In the circumstances, no
relief, as sought for, can be granted.
5. In case, the petitioner produces the documents, which
are made mention of in clause 2 before the 3rd
respondent Additional District Magistrate by 11.00 am
tomorrow (31/1/2026), it will be open for the said WP(C) NO. 3531 OF 2026 6 2026:KER:7854
respondent to consider the same, and upon being
satisfied of the same, to grant the permission.
This Writ Petition will stand dismissed.
Sd/-
C. JAYACHANDRAN
JUDGE
ska WP(C) NO. 3531 OF 2026 7 2026:KER:7854
APPENDIX OF WP(C) NO. 3531 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 (EXPLOSIVES RULES) SUBMITTED BY THE PETITIONER DATED NIL 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 P5 TRUE COPY OF THE ONSITE EMERGENCY PLAN FOR FIREWORKS DISPLAY ON 1.2.2026 Exhibit P6 TRUE COPY OF THE REPORT DATED 5.1.2026 OF THE VILLAGE OFFICER, CHOWANNUR TO THE TALUK OFFICE, KUNNAMKULAM Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED 23.1.2026 Exhibit P8 TRUE COPY OF THE ORDER DATED 28.1.2026 NO.
DCTSR/16467/2025-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
WP(C) NO. 3531 OF 2026 8 2026:KER:7854
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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