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Kerala High Court
Vishnu M vs District Collector on 27 March, 2026
2026:KER:27568
WP(C) NO. 12070 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
WP(C) NO. 12070 OF 2026
PETITIONER:
VISHNU M.,
AGED 25 YEARS
S/O. VELAYUDHAN, MOORTHODI KOORACHIPADI,
VILAYUR WEST P.O., VILAYUR,
PALAKKAD, PIN - 679309
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
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WP(C) NO. 12070 OF 2026
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5 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO)
KENDRIYA BHAVAN, KAKKANAD,
ERNAKULAM, PIN - 682037
BY ADVS
SHRI.SATHEESH T.P., CGC
GP-SRI.AJITH VISWANATHAN.,
CGC-SRI.SATHEESH T.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 12070 OF 2026
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C. JAYACHANDRAN, J.
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W.P.(C).No.12070 of 2026
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Dated this the 27th day of March, 2026
JUDGMENT
The petitioner approached this Court aggrieved by
Ext.P8 rejection order, as per which, a
permission sought for by the petitioner for
display of fireworks in connection with the
festival of Vilayur Sri Kalari Bhagavathi
Kshethram, Palakkad, was refused.
2. The learned counsel for the petitioner would
point out that the reasons stated for the
rejection in Ext.P8 are threefold. Firstly, the
petitioner can use only crackers, which are
approved by PESO, the details of which are not
furnished. Secondly, there is no permanent
magazine; and thirdly, the insufficiency of time
for sending the samples for test/verification.
3. This Court notice that all the above three
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WP(C) NO. 12070 OF 2026
grounds have been the subject matter of judgments
of this Court in variuos cases, including
Exts.P11 to P13. For the self same reasons as
stated in those judgments, Ext.P8 cannot be
sustained in law. Consequently, Ext.P8 will stand
set aside.
4. In the circumstances, the Writ Petition will
stand allowed, and the 1st respondent/District
Collector will stand directed to give permission
to the petitioner for the display of fireworks on
the scheduled days, subject to the following
conditions:
(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.
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WP(C) NO. 12070 OF 2026
(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.
5. As regards the inspection of the sample
crackers, the petitioner will produce the same
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WP(C) NO. 12070 OF 2026
before the 1st respondent/District Collector by 11
A.M. tomorrow (28.03.2026). The 1st respondent/
District Collector 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 5
P.M. on 29.03.2026 and 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
SPV
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WP(C) NO. 12070 OF 2026
APPENDIX OF WP(C) NO. 12070 OF 2026
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED NIL
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 30.3.2026
EXHIBIT P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR
THE FIREWORKS DISPLAY ON 30.3.2026
EXHIBIT P7 TRUE COPY OF THE INSURANCE POLICY DATED
23.3.2026
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 24.3.2026 NO.
DCPKD/1183/2026-D3 OF THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 28.6.2024
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 3.2.2026
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 20.2.2026
EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF THE
JUDGMENT DATED 19.3.2026 IN WPC
