Upon a petition seeking permission to conduct fireworks for a temple festival, the High Court of Kerala directed the competent authorities to consider a fresh application and pass appropriate orders within one month.
Direction to the 3rd respondent to consider the application (Ext.P7) and pass appropriate orders within one month.
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 MRS. JUSTICE ANU SIVARAMAN
TUESDAY ,THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940
WP(C).No. 8204 of 2018
PETITIONER/S:
PORUVAZHY PERUVIRUTHY MALANADA TEMPLE REPRESENTED BY ITS SECRETARY,AKHIL SIDH, AGED 26 YEARS,S/O.SIDHARTHAN, SIDHARTHA BHAVAN,EDAKKAD PO, KOLLAM DISTRICT
BY ADVS. SRI.VINOY VARGHESE KALLUMOOTTILL SMT.GANGA A.SANKAR
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM, 695001
OTHER PRESENT:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8204 of 2018 2
JUDGMENT
The petitioner has approached this Court seeking the following
prayers:-
i) Call for the records, relating to Ext.P1 to P6 and issue a writ of certiorari to quash exhibit P2 and direct the 2nd and 3rd respondents to permit the petitioner to conduct fire works display in connection with Temple Festival scheduled on 23.03.2018.
ii) Issue writ or appropriate direction to the 3rd respondent to conduct necessary inspection with regard to safety measures taken by the petitioner and on satisfying the same issue permission to conduct the fire works display in the Temple Festival.
petitioner had been rejected by Ext.P2 on the grounds that it is belated and that there was a ban on conduct of fireworks. It is submitted that Ext.P7 application has now been preferred by the petitioner.
In the above view of the matter, there will be a direction to the 3rd respondent to take up, consider and pass appropriate orders on Ext.P7 application preferred by the petitioner, in accordance with law. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN
JUDGE
rmm
WP(C).No. 8204 of 2018 3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT IN WHICH A LIST OF CRACKERS AND OTHER ITEMS WILL BE DISPLAYED IN THE EVENT
EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 15.02.2018
EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM AE6 UNDER THE EXPLOSIVE RULES EXHIBIT P4 TRUE COPY OF THE CHALLAN REMITTING THE REQUISITE FEE FOR THE CONSIDERATION OF THE APPLICATION
EXHIBIT P5 TRUE COPY OF THE LICENSE OF THE MANUFACTURER WHO HAD AGEED TO CONDUCT FIRE WORKS
EXHIBIT P6 TRUE COPY OF THE SERVICE PLAN OF THE AREA WHERE THE DISPLAY WILL BE CONDUCTED
EXHIBIT P7 TRUE COPY OF THE APPLIATION DATED 3.9.2018 SUBMITTED BEFORE THE 3RD RESPONDENT.
RESPONDENTS EXHIBITS NIL
// TRUE COPY //
P.A. TO JUDGE
Poruvazhy Peruviruthy Malanada Temple Represented by its Secretary
State of Kerala
District Collector Kollam
Additional District Magistrate Kollam
Superintendent of Police (Rural) Kottarakkara
Circle Inspector of Police Sasthamcotta
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
