Writ petition challenging refusal to grant fireworks license for a temple festival. Court disposed of petition citing completion of festival and survival of interim order only. No substantive decision on merits.
Petition disposed of in terms of interim order dated 11.04.2019.
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
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
WP(C).No. 11060 of 2019
PETITIONER/S:
1 N.K.RAJAN, AGED 68 YEARS, S/O. KUTTAPPAN EZHUTHACHAN ,SECRETARY, CHITTILAMCHERRY SREE CHERUNETTURI BHAGAVATHI TEMPLE, VELA COMMITTEE, CHITTILAMCHERY P.O, PALAKKAD PIN 678 704
2 K.P PRAJITH, AGED 49 YEARS, S/O. PADMANABHAN, PRESIDENT, CHITTILAMCHERRY SREE CHERUNETTURI BHAGAVATHI TEMPLE, VELA COMMITTEE, CHITTILAMCHERY P.O, PALAKKAD PIN 678 704
BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.AJAY BEN JOSE SRI.MANJUNATH MENON SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.R.GITHESH SRI.SACHIN JACOB AMBAT SRI.THOMAS P.KURUVILLA
RESPONDENT/S:
1 THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR, PALAKKAD PIN 678 001
WP(C).No. 11060 of 2019 2
5 ADDL.R5.DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM - 682 030. ADDL.R5 IS IMPLEADED AS PER ORDER DATED 11/04/2019 IN I.A.NO.1/2019.
R1 TO R3 SMT.VINITHA B GP, R4 SRI.LAKSHMI NARAYANAN,SC , ADDL.R5 SRI.P.VIJAYAKUMAR,ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11060 of 2019 3
JUDGMENT
This writ petition is filed by the petitioners
challenging the refusal on the part of the respondents
to provide license to the petitioners to conduct temple festival displaying fire works.
in a limited manner, as per the order dated 11.04.2019.
In that view of the matter, this writ petition is disposed of in terms of the interim order passed by this court.
Sd/-
SHAJI P.CHALY
JUDGE
uu 03.06.2019
WP(C).No. 11060 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF CONSENT ISSUED BY SMT. T.P LALITHA |
|---|---|
| EXHIBIT P2 | TRUE COPY OF CONSENT ISSUED BY SRI P. ASOKAN |
| EXHIBIT P3 | TRUE COPY OF THE FORM NO. AE-6 DATED 20-02-2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT |
| EXHIBIT P4 | TRUE COPY OF LICENSE FORM LE-1 IN FAVOUR OF MR. SWAMINATHAN M.N |
| EXHIBIT P5 | TRUE COPY OF AGREEMENT ENTERED INTO BETWEEN 2ND PETITIONER AND MR. SWAMINATHAN M.N. |
| EXHIBIT P6 | TRUE COPY OF INTERIM ORDER IN W.P(C) NO. 15857/2016 DATED 26-04-2016 OF THIS HON'BLE COURT. |
| EXHIBIT P7 | TRUE COPY OF ORDER DATED 27-04-2016 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P8 | TRUE COPY OF ORDER DATED 27-04-2017 ISSUED BY THE 2ND RESPONDENT AND LICENSE IN FORM LE-6 |
| EXHIBIT P9 | TRUE COPY OF CONSENT ISSUED BY SRI.A.UNNIKRISHNAN |
| EXHIBIT P10 | TRUE COPY OF LICENSE FORM LE-7 ISSUED TO MR.A. UNNIKRISHNAN FOR TRANSPORTING EXPLOSIVES IN A ROAD VAN |
| EXHIBIT P11 | RUE COPY OF INSURANCE COVERAGE OBTAINED BY THE PETITIONERS FROM UNITED INDIA INSURANCE COMPANY LTD VALID FROM 16-04- 2019 TO 01-05-2019 |
| EXHIBIT P12 |
TRUE COPY OF ORDER DATED 03-04-2019 OF THE 2ND RESPONDENT. |
| EXHIBIT P13 |
TRUE COPY OF LICENSE FORM LE-1 ISSUED UNDER ARTICLE 1(a) TO (g) OF PART 1 OF SCHEDULE IV OF EXPLOSIVES RULES, 2008 IN FAVOUR OF SMT. NASEEMA |
WP(C).No. 11060 of 2019 5
EXHIBIT P14 TRUE COPY OF LICENSE FORM LE-3 ISSUED UNDER ARTICLE 3(a) TO (d) OF PART 1 OF SCHEDULE IV OF EXPLOSIVES RULES, 2008 IN FAVOUR OF SMT. NASEEMA EXHIBIT P15 TRUE COPY OF AGREEMENT ENTERED INTO BETWEEN LICENSEE HOLDER SMT. NASEEMA AND 2ND PETITIONER FOR CONDUCTING FIREWORKS.
N.K.Rajan and others
The District Magistrate/District Collector, Palakkad
The Additional District Magistrate, Palakkad
The Assistant Superintendent of Police, Nemmara
The Malabar Devaswom Board
Addl.R5 Deputy Chief Controller of Explosives, Ernakulam
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
