Dismissed

Manikandan.K v. State of Kerala

Kerala HC13 Jan 2020WP(C)/115/2020

Case brief

AI extract

What is this about?

This writ petition sought a direction to the Additional District Magistrate to grant a licence for fireworks display at a temple festival or to consider the pending application. The court directed the 3rd respondent to consider the application and pass an order by a specific date.

What did the court decide?

Direction to the 3rd respondent to take up the Ext.P1 application and pass an appropriate order on or before 17.01.2020.

Manikandan.K Vs State of Kerala — Writ and Judicial Review | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941

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WP(C).No.115 OF 2020(L)

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PETITIONER:

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MANIKANDAN.K AGED 57 YEARS S/O.LATE MADHAVI AMMA, ILLATH VALAPPIL HOUSE, P.O.SUKAPURAM, EDAPAL, MALAPPURAM DISTRICT, PIN-679 576.

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BY ADVS. SRI.DINESH MATHEW J.MURICKEN SRI.K.VISWANATHAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT(HOME), SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DISTRICT COLLECTOR, MALAPPURAM, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT, PIN-676 505.

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3 THE ADDITIONAL DISTRICT MAGISTRATE (MALAPPURAM), OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT, PIN--676 505.

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4 THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, MALAPPURAM DISTRICT, UP HILL, MALAPPURAM DISTRICT, PIN-676 505.

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5 THE VILLAGE OFFICER, VATTAMKULAM VILLAGE OFFICE, VATTAMKULAM P.O., MALAPPURAM DISTRICT, PI9N-676 505.

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PRINCY XAVIER GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.115 OF 2020(L)

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JUDGMENT

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This writ petition is filed seeking the following prayer:-

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“ i) issue a writ of mandamus or any other appropriate writ or direction to the 2^nd respondent to grant licence to the petitioner to display fireworks on 19.01.2020 between 7 p.m and 7.30 p.m in connection with the Sree Kulangara Bhagavathy Temple festival.

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ii) issue a writ of mandamus or any other appropriate writ or direction to the 2^nd respondent to consider Exhibit P1 application and pass appropriate orders.”

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Heard the learned counsel for the petitioner and the

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learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that Ext.P1 application had been submitted as early as on 30.10.2019 for permission for conduct of fireworks on 19.01.2020 in connection with the temple festival. It is submitted that all details had been produced by the petitioner before the respondents, but no steps have been taken thereon. The learned Government Pleader would submit, on instructions,

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that fresh guidelines have been issued by the Central Government with regard to grant of permissions for

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WP(C).No.115 OF 2020(L)

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conduct of fireworks and that the application would be considered, taking due note of the guidelines as per law.

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There will, accordingly, be a direction to the 3^rd respondent to take up Ext.P1 application submitted by the petitioner and to pass an appropriate order on the same, at the earliest, taking note of the date of the festival as well. Orders shall be passed positively on or before 17.01.2020.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/13.01.2020

WP(C).No.115 OF 2020(L)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.10.2019. EXHIBIT P2 TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER WITH VIJAYAKUMAR IN CONNECTION WITH THE FIREWORKS DISPLAY OF SREE KULANGARA BHAGAVATHY TEMPLE FESTIVAL DATED 09.12.2019. EXHIBIT P3 TRUE COPY OF THE LICENCE ISSUED BY THE CHIEF CONTROLLER OF EXPLOSIVES, SIVAKASI DATED 05.01.2010. EXHIBIT P4 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 31.12.2019. EXHIBIT P5 TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT DATED 03.12.2019. EXHIBIT P6 TRUE COPY OF THE SITE AND LOCATION PLAN OF THE FIREWORKS DISPLAY PLOT OF SREE KULANGARA BHAGAVATHY TEMPLE FESTIVAL. EXHIBIT P7 TRUE COPY OF THE INSURANCE POLICE ISSUED BY THE NEW INDIA ASSURANCE CO.LTD. WITH RESPECT TO THE SREE KULANGARA BHAGAVATHY TEMPLE FESTIVAL VALID 05.01.2020.

Manikandan.K v. State of Kerala

Case brief

What is this about?

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Manikandan.K v. State of Kerala

Case brief

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