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Kerala High Court
Radhakrishnan V.M vs The District Collector, Palakkad on 30 March, 2026
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 1 2026:KER:28242
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. 11881 OF 2026
PETITIONER:
SURESHKUMAR,
AGED 60 YEARS
S/O. SUKUMARAN NAIR, MALAYAMKUMARATH(H), PUTHIYANKAM
P.O., PALAKKAD, PIN - 678545
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
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 2 2026:KER:28242
5 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO)
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN - 682037
OTHER PRESENT:
GP-SRI.AJITH VISWANATHAN., DSGI-SRI.O.M.SHALINA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2026, ALONG WITH WP(C).12194/2026, 12318/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 3 2026:KER:28242
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. 12194 OF 2026
PETITIONER:
KRISHNA KUMAR,
AGED 59 YEARS
S/O.VASU, MONOD, KALAPETTY COYALMANNAM, PALAKKAD
DISTRICT, SECRETARY, UTHRAM VELA COMMITTEE, KOOLIYAM
BHAGAVATHI, KALAPETTY, COYALMANNAM, PALAKKAD, PIN -
678702
BY ADVS.
SRI.K.MOHANAKANNAN
SHRI.ADARSH MOHAN K.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION KENATHUPARAMBU, PALAKKAD,
PIN - 678001
2 THE ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, CIVIL STATION, PALAKKAD,
PIN - 678001
3 REVENUE DIVISIONAL OFFICER,
TALUK OFFICE, PARAKUNNAM, VIDYUT NAGAR,
PALAKKAD, PIN - 678001
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 4 2026:KER:28242
4 THE TAHSILDAR,
TALUK OFFICE, ALATHUR, PALAKKAD, PIN - 678541
5 VILLAGE OFFICER,
COYALMANNAM-2 VILLAGE OFFICE COYALMANNAM, PALAKKAD
DISTRICT, PIN - 678702
6 THE SECRETARY,
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION, MINISTRY
OF COMMERCE AND INDUSTRY, UDYOG BHAVAN,
NEW DELHI, PIN - 110011
7 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM AND EXPLOSIVE SAFETY ORGANIZATION (PESO),
KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, PIN - 682030
BY ADV SHRI.RATHEESH P.R., CGC
OTHER PRESENT:
GP-SRI.AJITH VISWANATHAN., DSGI-SRI.O.M.SHALINA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2026, ALONG WITH WP(C).11881/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 5 2026:KER:28242
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. 12318 OF 2026
PETITIONER:
K.P. MURUKADAS,
AGED 67 YEARS
PRESIDENT, KATTUSSERY VELA COMMITTEE, PULYAKODU HOUSE,
KATTUSSERY POST, ALATHUR, PALAKKAD, PIN - 678542
BY ADVS.
SHRI.K.H.ASIF
SHRI.C.A.MAJEED
SMT.MOLTY MAJEED
SHRI.P.B.UNNIKRISHNAN NAIR
SMT.SHERIN BIJU
SMT.SIDHI K. KUTTY
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
PIN - 678013
2 DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, YAKKARA ROAD, NEAR
KSRTC BUS STAND, PALAKKAD, KERALA, PIN - 678014
3 ADDITIONAL DISTRICT MAGISTRATE,
COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
PIN - 678013
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 6 2026:KER:28242
4 THE TAHSILDAR,
TALUK OFFICE, COURT ROAD, ALATHUR,
PALAKKAD, PIN - 678541
5 THE VILLAGE OFFICER,
VILLAGE OFFICE, COURT ROAD, ALATHUR,
PALAKKAD, PIN - 678541
6 THE SECRETARY, DEPARTMENT OF INDUSTRIAL POLICY AND
PROMOTION,
MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW
DELHI, PIN - 110011
7 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO),
KENDRIYABHAVAN, KAKKANAD, ERNAKULAM, PIN - 682037
BY ADV SMT.LAILA I.S. , CGC
OTHER PRESENT:
GP-SRI.AJITH VISWANATHAN, DSGI-SRI.O.M.SHALINA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2026, ALONG WITH WP(C).11881/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 7 2026:KER:28242
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. 12543 OF 2026
PETITIONER
RADHAKRISHNAN V.M.,
AGED 68 YEARS
S/O. MURUGAN ALIAS UNNI,
RESIDING AT KOZHIPOTTA HOUSE,
ERVAKKODE, VILAYANNUR P.O.,
THENKURUSSI, PALAKKAD-678671,
THE SECRETARY,
VILAYANNUR SREE MARUTHI BHAGHAVATHI TEMPLE COMMITTEE,
VILAYANNUR,
PALAKKAD
BY ADVS.
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SHRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SMT.ANNA LINDA EDEN
SHRI.HARIKRISHNAN S.
SMT.ANAVADYA SANIL KUMAR
SMT.ANJALI KRISHNA
SHRI.ABHINAV P. S.
SRI.S.SREEKUMAR (SR.)
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 8 2026:KER:28242
RESPONDENTS:
1 THE DISTRICT COLLECTOR, PALAKKAD
COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
KERALA, PIN - 678013
2 THE ADDITIONAL DISTRICT,
MAGISTRATE, CIVIL STATION, PALAKKAD, PIN - 678001
3 THE DISTRICT POLICE CHIEF,
YAKKARA ROAD, NEAR KSRTC BUS STAND,
PALAKKAD, PIN - 678014
4 THE TAHSILDAR,
ALATHUR, PALAKKAD DISTRICT, PIN - 678001
5 THE VILLAGE OFFICER,
THENKURUSSI 2, PALAKKAD DISTRICT, PIN - 678001
OTHER PRESENT:
GP-SRI.AJITH VISWANATHANAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2026, ALONG WITH WP(C).11881/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 9 2026:KER:28242
JUDGMENT
[WP(C) Nos.11881/2026, 12194/2026, 12318/2026, 12543/2026]
These Writ Petitions challenge Orders of a similar
nature, which rejected the respective petitioners'
applications for permission for display of fireworks in
connection with the respective events, which are made
mention of in these Writ Petitions.
2. The reasons stated in the rejection Order are,
moreover, similar, to the following effects:-
The first is that the petitioners can only use
authorised crackers as approved by P.E.S.O. The second is
that no risk assessment and onsite emergency plan issued
by an agency approved by P.E.S.O has been produced. The
third is that the petitioners have not produced the
details of the fire crackers, which are intended to be
used. The fourth is with respect to the scarcity of time
for sampling. In W.P.(C).Nos.12543/2026 and 12318/2026,
an additional objection is raised with respect to the
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 10 2026:KER:28242
absence of the permanent magazine.
3. Having heard learned Counsel appearing for the
respective petitioners and learned Government Pleader,
this Court notice that the above objections are in the
teeth of the several judgments rendered by this Court in
various Writ Petitions, especially, those produced at
Exts.P10 to P13. The impugned Orders, issued by the same
authority, therefore, cannot survive the test of law. The
Orders are therefore set aside. There will be a direction
to the 1st respondent/District Collector to grant
permission to the respective petitioners for display of
fireworks on the days scheduled, subject to the following
conditions:-
(i) The respective petitioners shall produce
portable magazine/magazines to the satisfaction of
the authorities for the storage of the fire works.
(ii) The petitioners shall satisfy all other
requisite conditions for fireworks display under LE-
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 11 2026:KER:28242
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
metres of the display point on all sides and no one
except the persons who are performing fireworks
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 A.D.M or other competent
officials to take appropriate action in accordance
with law.
4. As regards the inspection of the sample, the
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 12 2026:KER:28242
petitioners, in all these cases will stand directed
to produce the same before the 1st respondent/
District Collector by 05.00 p.m today (30/3/2026).
The District Collector will stand directed to receive
the samples, and do the needful for
testing/identification, so as to ascertain whether
there is any objectionable material in the crackers.
The above exercise shall be completed on or before
05.00 p.m on 1/4/2026. The license to be granted as
per the directions of this Court will be subject to
the result of testing/verification.
5. Learned Government Pleader will inform the gist of
the judgment to the 1st respondent forthwith.
These Writ Petitions will stand allowed, as indicated
above.
Sd/-
C. JAYACHANDRAN
JUDGE
ska
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 13 2026:KER:28242
APPENDIX OF WP(C) NO. 11881 OF 2026
PETITIONER 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
25.2.2025
Exhibit P3 TRUE COPY OF THE FIREWORKS DISPLAY OPERATOR
LICENSE NO. IN FORM LE-11A ISSUED BY THE 5TH
RESPONDENT DATED 23.1.25 NO.
E/SE/KL/FWD/AS/03
Exhibit P4 TRUE COPY OF THE FIREWORKS DISPLAY
OPERATOR/FIREWORKS DISPLAY ASSISTANT
CERTIFICATE DATED 23.1.2025 NO.
E/SE/KL/FWD/OP/04 ISSUED BY THE 5TH
RESPONDENT
Exhibit P5 TRUE COPY OF THE SITE PLAN FOR FIREWORKS
DISPLAY TO BE CONDUCTED ON 2.4.2026
Exhibit P6 TRUE COPY OF THE RISK ASSESSMENT PLAN FOR
FIREWORKS DISPLAY ON 2.4.2026
Exhibit P6(a) TRUE COPY OF THE REPORT OF THE TAHSILDAR,
ALATHUR DATED 25 .2.2026
Exhibit P7 TRUE COPY OF THE INSURANCE POLICY DATED
27.1.2026
Exhibit P8 TRUE COPY OF THE ORDER DATED 19.3.2026 NO.
DCPKD/450/2026-D3 OF THE 1ST RESPONDENT
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 28.6.2024 IN
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 3.2.2026 IN
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 20.2.2026 IN
Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE
JUDGMENT DATED 19.3.2026 IN WPC NO.10626/2026
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 14 2026:KER:28242
APPENDIX OF WP(C) NO. 12194 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROGRAMME BROCHURE OF THE
TEMPLE FESTIVAL
Exhibit P2 TRUE COPY OF THE APPLICATION FOR GRANT OF
LICENCE FOR PUBLIC DISPLAY OF FIREWORKS
SUBMITTED BY THE PETITIONER WITH ANNEXURES
DATED 6-2-2026 BEFORE THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE INSURANCE POLICY
Exhibit P4 TRUE COPY OF THE REPORT FROM THE TAHSILDAR
VIDE LETTER DATED 17-2-2026
Exhibit P5 TRUE COPY OF THE REPORT OF THE TAHSILDAR
DATED 12-3-2026
Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER DATED 23-2-2026.
Exhibit P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
7TH RESPONDENT TO NARAYANANKUTTY DATED 7-1-
Exhibit P8 TRUE COPY OF THE CONSENT LETTER FILED BY THE
PETITIONER WITH ANNEXURES DATED 9-3-2026
Exhibit P9 TRUE COPY OF ORDER FILE NO.DCPKD/1705/2026/D3
DATED 24-3-2026
Exhibit P10 TRUE COPY OF THE ORDER IN WRIT PETITION(C)
NO. 11418/2026 DATED 24-3-2026.
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 15 2026:KER:28242
APPENDIX OF WP(C) NO. 12318 OF 2026
PETITIONER EXHIBITS
Exhibit.P-1 TRUE COPY OF THE APPLICATION FORM DATED
12/01/2026
Exhibit.P-2 TRUE COPY OF THE LICENSE BEARING NO.
E/KL/TSR/LE1/4(E154980) DATED 29/04/2024
Exhibit.P-3 TRUE COPY OF THE CERTIFICATE OF COMPETENCY
FOR FIREWORKS DISPLAY OPERATOR/FIREWORK
DISPLAY ASSISTANT IN FORM LE-11 A DATED
07/01/2025
Exhibit.P-4 TRUE COPY OF THE AGREEMENT DATED 05/01/2026
ENTERED INTO BETWEEN THE PETITIONER AND THE
LICENSEE
Exhibit.P-5 A TRUE COPY OF THE PHOTOGRAPHS OF THE AREA
WHERE THE FIREWORKS ARE PROPOSED
Exhibit.P-6 TRUE COPY OF THE SITE PLAN FOR DISPLAY OF
FIREWORKS ON 02/04/2026 AND 03/04/2026
Exhibit.P-7 TRUE COPY OF THE ON SITE EMERGENCY PLAN FOR
DISPLAY OF FIREWORKS ON 02/04/2026 AND
03/04/2026
Exhibit.P-8 TRUE COPY OF THE INSURANCE POLICY DATED
23/01/2026, WHICH IS EFFECTIVE FROM
22/03/2026 TO 15/04/2026
Exhibit.P-9 TRUE COPY OF THE ORDER DATED 23/03/2026
BEARING NO. NO.DCPKD/478/2026-D3
Exhibit.P-10 A TRUE COPY OF THE ORDER DATED 07/04/2025 IN
Exhibit.P-11 A TRUE COPY OF THE JUDGMENT DATED 19/03/2026
IN WP (C) NO. 10373/2026 AND CONNECTED
MATTERS
WP(C) Nos.11881/2026, 12194/2026
12318/2026, 12543/2026 16 2026:KER:28242
APPENDIX OF WP(C) NO. 12543 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE
FOR THE FESTIVAL DATED NIL ISSUED BY THE
PETITIONER
Exhibit P2 TRUE COPY OF COVERING LETTER DATED 23-01-2026
ISSUED TO THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF FORM AE-6 APPLICATION DATED 23-
01-2026 FOR PERMISSION TO CONDUCT FIREWORKS
DISPLAY ON 02-04-2026 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF LE-1 LICENSE DATED 06-06-2015
AND VALID TILL 31-03-2027 OF MR.PRASAD.C
Exhibit P4(a) TRUE COPY OF AGREEMENT DATED 23-01-2026
EXECUTED BETWEEN THE PETITIONER AND
MR.PRASAD.C
Exhibit P4(b) TRUE COPY OF AFFIDAVIT DATED 23-01-2026,
SWORN BY MR.PRASAD.C
Exhibit P5 TRUE COPY OF CONSENT LETTER DATED 24-01-2026,
ISSUED BY MR.UNNIKRISHNAN.C, THE HOLDER OF
LE-7 LICENSE
Exhibit P6 TRUE COPY OF PUBLIC LIABILITY NON INDUSTRIAL
POLICY OBTAINED BY THE PETITIONER ON 22-01-
2026 FROM NEW INDIA ASSURANCE CO. LTD.
Exhibit P7 TRUE COPY OF ONSITE EMERGENCY PLAN PREPARED
BY SUNOJ PAUL
Exhibit P8 TRUE COPY OF ENQUIRY REPORT DATED 28-02-2026
SUBMITTED BY THE 5TH RESPONDENT BEFORE THE
4TH RESPONDENT
Exhibit P9 TRUE COPY OF REPORT DATED 10-03-2026
SUBMITTED BY THE 4TH RESPONDENT BEFORE THE
1ST RESPONDENT
Exhibit P10 TRUE COPY OF ORDER DATED 24-03-2026 OF THE
1ST RESPONDENT, REJECTING EXHIBIT.P3
