In these connected writ petitions regarding denial of fireworks licenses, the Court held that since the temple festival concluded, the relief sought became infructuous and disposed of the petitions.
Petitions disposed as infructuous; other reliefs left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 8TH DAY OF JUNE 2018 / 18TH JYAISHTA, 1940
WP(C).No. 5886 of 2018
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PETITIONERS :
1 A.R. RAJAESH ALIKKALPARAMBIL HOUSE, CONVENOR, CHINAKKATHUR POORAM 7 DESOM CO-ORDINATION COMMITTEE, LAKKIDI P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT.
2 M.NASEEMA RED FORT FIRE WORKS, 1/123, KELUGUDDE ROAD, KASARGODE, PIN-671125.
BY ADV.SMT.SHOBA ANNAMMA EAPEN
RESPONDENT :
THE ADDITIONAL DISTRICT MAGISTRATE PALAKKAD-691001.
BY SENIOR GOVERNMENT PLEADER SRI. SANTHOSH PETER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2018 ALONG WITH WPC NO. 8963/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp 11/6/2018
WP(C).No. 5886 of 2018 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE APPLICATION DATED 12-01-2018. |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE RELEVANT PORTION OF THE FESTIVAL NOTICE. |
| EXHIBIT P3 |
TRUE COPY OF THE ORDER DATED 03-02-2018 OF THE RESPONDENT. |
| EXHIBIT P4 |
TRUE COPY OF THE INTERIM ORDER DTD.07-02-2018 IN WP(C)NO.4008/2018. |
| EXHIBIT P5 |
TRUE COPY OF THE ORDER NO.2018/2398/9 DTD.09-02-2018 OF THE RESPONDENT. |
| EXHIBIT P6 |
TRUE COPY OF THE RELEVANT PORTION OF RULE 113 OF THE EXPLOSIVE RULES. |
| EXHIBIT P7 | TRUE COPY OF THE LICENCE ISSUED IN FORM LE-1. |
| EXHIBIT P8 |
TRUE COPY OF THE LICENSE ISSUED IN FAVOUR OF THE 2ND PETITIONER IN FORM LE-3. |
| EXHIBIT P9 |
TRUE COPY OF THE APPLICATION FOR RENEWAL OF EXHIBIT P7. |
| EXHIBIT P10 |
TRUE COPY OF THE APPLICATION FOR RENEWAL OF EXHIBIT P-8 LICENCE FILED ON 13-02-2017. |
| EXHIBIT P11 |
TRUE COPY OF THE ORDER DATED 19-01-2018 OF THE ADDL. DISTRICT MAGISTRATE, MALAPPURAM. |
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp 11/6/2018
SHAJI P. CHALY, J.
W.P.(C) Nos. 5886, 8963, 10092, 10261, 10300, 10886, 11024, 12519, 12872, 13487, 14037, 14048 & 15847 of 2018
Dated this the 8th day of June, 2018
JUDGMENT
The captioned writ petitions are materially connected and
therefore, I propose to pass a common judgment. These writ petitions are filed in respect of denial of licence to display fireworks under the provisions of the Explosives Act and Rules. Interim orders were passed by this Court permitting the petitioners to display fireworks of a limited nature. The temple festival is over, and therefore, I do not find any reason to pursue these writ petitions any further since the relief sought for has become practically infructuous. All other reliefs sought for by the petitioners in respect of the declining of license by the statutory authorities are left open and the petitioners will be at liberty to pursue necessary applications before the statutory authorities.
Writ petitions are disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/8/6/18
A.R. Rajaesh Alikkalparambil / Chinakkathur Pooram 7 Desom Coordination Committee
M. Naseema Red Fort Fire Works
The Additional District Magistrate Palakkad
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
