[Cites 0, Cited by 0]
Kerala High Court
Rajesh P.S vs State Of Kerala on 30 March, 2026
W.P.(C).No.11830 of 2026
-1-
2026:KER:28240
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 11830 OF 2026
PETITIONER(S):
RAJESH P.S.,
AGED 51 YEARS,
S/O. SEKHARAN, PONNARASSERY HOUSE, PARAPPOOKAVU,
ERENELLUR KECHERI P.O., TALAPPILLY, THRISSUR,
KERALA, PIN - 680 501.
BY ADVS.
SHRI.SREEHARI INDUKALADHARAN
SHRI.FRANCIS P.T.
RESPONDENT(S):
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DISTRICT COLLECTOR, THRISSUR,
CIVIL STATION, KALYAN NAGAR, AYYANTHOLE,
THRISSUR, PIN - 680 001.
3 THE ADDITIONAL DISTRICT MAGISTRATE,
CIVIL STATION, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, PIN - 680 001.
4 THE DISTRICT POLICE CHIEF (CITY),
OFFICE OF THE DEPUTY COMMANDANT, DIST. ARMED
RESERVE, RAMAVARMAPURAM, THRISSUR, PIN - 680 631.
5 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
KENDRIYA BHAVAN, KAKKANAD,
ERNAKULAM, KOCHI, PIN - 682 037.
W.P.(C).No.11830 of 2026
-2-
2026:KER:28240
6 THE STATION HOUSE OFFICER,
KUNNAMKULAM POLICE STATION, KUNNAMKULAM P.O.,
THRISSUR, PIN - 680 501.
7 THE ASSISTANT DIVISIONAL OFFICER,
FIRE & RESCUE SERVICES, VIYYUR, THANIKKUDAM RD,
RAMAVARMAPURAM, THRISSUR, PIN - 680 010.
8 THE TAHSILDAR,
KUNNAMKULAM, TALUK OFFICE, KUNNAMKULAM,
THRISSUR, KERALA, PIN - 680 503.
*ADDL.R9 THE VILLAGE OFFICER,
ERANELLUR, KECHERY, ERANELLUR PO,
THRISSUR DISTRICT, PIN CODE - 680 546.
*ADDITIONAL R9 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 27.03.2026 IN W.P.(C).No.11830/26.
OTHER PRESENT:
GP-SRI.AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.03.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.11830 of 2026
-3-
2026:KER:28240
JUDGMENT
The petitioner approached this Court, aggrieved by Ext.P10
Order, which refused permission for display of fireworks in
connection with the festival of Parapookavu Bhagavathy
Temple. The reason stated in Ext.P10 is the absence of a
road having a width of 7 meters, so as to ply a fire engine,
in case of an emergency.
2. Since, there was an absence of clarity in Ext.P3 sketch,
this Court issued interim Order on 27.03.2026, calling upon
the Village Officer to inspect the property and to prefer a
report, especially on the availability of an approach road
to the place, where the display of fireworks is scheduled.
Such report is placed before this Court by the learned
Government Pleader. The last but one paragraph of the report
dated 28.03.2026 would indicate that the road is having a
width of 6.9 meters, which thereafter proceeds with a width
of 6.1, 5.3, 5.2 and 6.1 meters. It is specifically stated
therein that there is an auditorium, and that tourist buses
used to ply in connection with marriages etc. through the
said road. If that be so, this Court finds no reason as to
2026:KER:28240
why a fire engine cannot be plied, in case of an emergency.
It was pointed out by the learned counsel for the petitioner
that the sufficiency of the road was taken into account by
the concerned officials, while granting permit for the
auditorium.
3. The width of the approach road being the only issue for
rejection vide Ext.P10, this Court finds that the rejection
cannot be sustained and Ext.P10 will stand set aside. There
will be a direction to the 3rd respondent/A.D.M. to grant
permission to the petitioner for display of fireworks
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 license to the satisfaction of the
authorities.
(iii) Before commencement of the fireworks
display, barricades shall be put up at a
distance of 100 meters of the display point on
2026:KER:28240
all sides and no one except the persons who are
performing fireworks display shall be permitted
into the prohibited area of 100 meters.
(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 A.D.M. or
other competent officials to take appropriate
action in accordance with law.
The Writ Petition will stand allowed, as indicated above.
Sd/-
C. JAYACHANDRAN, JUDGE
ak
2026:KER:28240
APPENDIX OF WP(C) NO. 11830 OF 2026
PETITIONER'S EXHIBITS:-
Exhibit P1 TRUE COPY OF THE FORM AE-6 APPLICATION
FOR APPROVAL OF LICENSE FOR PUBLIC
DISPLAY OF FIREWORKS DATED 18.2.2026.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
18.2.2026 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE ON SITE PLAN OF
PARAPOOKKAVU BHAGAVATHY TEMPLE AT
PARAPOOKKAVU,THRISSUR.
Exhibit P4 TRUE COPY OF THE DISASTER MANAGEMENT
PLAN FOR FIRE WORKS DISPLAY AT
PARAPOOKKAVU BHAGAVATHY TEMPLE AT
PARAPOOKKAVU, THRISSUR.
Exhibit P5 TRUE COPY OF THE LICENSE NO.
E/KL/TSR/LE-1/2 (E146906) DATED
03.04.2023 ISSUED TO SATHEESH P M.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED
18.2.2026 OF SATHEESH P.M.
Exhibit P7 TRUE COPY OF THE FIRE DISPLAY OPERATOR
CERTIFICATE DATED 2.1.2025.
Exhibit P8 TRUE COPY OF THE FIRE DISPLAY ASSISTANT
CERTIFICATE DATED 2.1.2025.
Exhibit P9 TRUE COPY OF THE INSURANCE VALID FROM
25-03-2026 TO 01-04-2026 ISSUED BY
NATIONAL INSURANCE COMPANY LTD.
Exhibit P10 TRUE COPY OF THE ORDER NO
DCTSR/2156/2026-C6 DATED 23.03.2026.
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED
24.2.2020 IN W.P (C) NO.5261/2020 OF
THIS HON'BLE COURT.
2026:KER:28240
Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED
03.04.2023 IN WPC NO. 11948/2023 OF THIS
HON'BLE COURT.
Exhibit P13 TRUE COPY OF THE ORDER DATED 22.01.2026
IN WPC NO. 2012/2026 OF THIS HON'BLE
COURT.
Exhibit P14 TRUE COPY OF THE JUDGEMENT DATED
28.01.2026 IN WPC NO.2456/2026.
