Remanded

Reghu P.K v. the District Collector

Kerala HC13 Feb 2020WP(C)/3417/2020

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of a request for fireworks permission. The Court directed the Additional District Magistrate to consider the petitioner's subsequent application regarding alternative fireworks items, requiring an order by 2 p.m. on 14.02.2020, while clarifying no permission was granted for restricted explosives.

What did the court decide?

Ordered the 2nd respondent to consider the application dated 11.02.2020 for fireworks display using alternative items and pass an order on or before 14.02.2020.

Reghu P.K Vs the District Collector — Constitutional and Fundamental Rights | 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 MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941

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WP(C).No.3417 OF 2020(B)

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PETITIONER:

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REGHU P.K AGED 49 YEARS S/O. KRISHNANKUTTY, PALISSERRY HOUSE, THEKKUMKARA P O, THRISSUR DISTRICT-680589.

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BY ADVS.

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SRI.C.Y.VINOD KUMAR SMT.M.BUSHRA HARIS

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR-680003.

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2 THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, AYYANTHOLE, THRISSUR-680003.

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3 THE TAHSILDAR THALAPPILLY TALUK, WADAKKANCHERY, THRISSUR-680582.

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4 DISTRICT POLICE CHIEF

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THRISSUR, OFFICE OF THE DISTRICT POLICE CHIEF, AYYANTHOLE, THRISSUR-680003.

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5 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES C2- IIIRD FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULAM-692030.

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R1 TO 4 BY GOVT. PLEADER SRI.RENIL ANTO KANDAMKULATHI SRI.P.VIJAYAKUMAR, ASGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.3417 OF 2020(B)

J U D G M E N T

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Dated this the 13^th day of February, 2020

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Ravikumar, J.

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Denial of the request for fireworks display in Machad Thiruvanikkavu temple constrained the petitioner, who is the President of the Velagosha Committee of the said temple, to file this writ petition. Ext.P1 is the application submitted therefor. It is dated 29.11.2019. The same was rejected as per Ext.P2 order dated 22.01.2020. It is being aggrieved by the rejection of Ext.P1 application as per Ext.P2, this writ petition has been filed seeking quashment of Ext.P2 and issuance of writ of mandamus directing the respondents to permit the petitioner for exhibiting fireworks in connection with the Velaghosham of the temple at least for the limited extent.

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WP(C) No.3417 OF 2020(B)

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Heard the learned counsel for the petitioner,

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learned Government Pleader and also the learned Assistant Solicitor General of India.

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A perusal of Ext.P2 would reveal that Ext.P1 application was rejected mainly on two reasons. The first ground of rejection is absence of magazine and the second one is that LE-3 licence was not produced along with the application. It is also stated in Ext.P2 that the 1^st respondent cannot grant permission to conduct fireworks with Amittu, Gundu and Kuzhiminnal. It is submitted by the learned counsel for the petitioner that subsequently, another application was submitted on 11.02.2020 and along with the same, LE-3 licence was produced. It is further stated that portable magazine would be arranged.

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Learned ASGI submitted that the question of grant of permission for conducting fireworks using Gundu and Amittu is a matter which could be considered only by the Chief Controller of Explosives. In the light of the said

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WP(C) No.3417 OF 2020(B)

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submission, we do not think that the 2^nd respondent-ADM can be directed to consider the question of grant of licence for conducting fireworks display using Gundu, Amittu and Kuzhiminnal. The learned counsel for the petitioner submitted that as per the subsequent application submitted on 11.02.2020, permission was also sought for licence to conduct fireworks display using Olapadakkam (5000 in numbers) and Poothiri (25 in numbers). The precise case of the petitioner is that from time immemorial, fireworks display had been conducted in the temple as ritual, in connection with the temple festival. That apart, it is stated that the area in question where it is proposed to be conducted is having an extent of about 5 Acres. Obviously, permission sought for is to conduct the fireworks display on 14.02.2020, 18.02.2020 and 19.02.2020. Taking into account all such aspects, we are of the view that this writ petition can be disposed of with the following directions:-

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In case the application dated 11.02.2020 allegedly submitted by the petitioner on that day is received by the 2^nd

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WP(C) No.3417 OF 2020(B)

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respondent-ADM, Thrissur along with the requisite materials in the sense the required licences and the other documents, he shall consider the application and pass appropriate orders thereon. Taking into account the fact that the permission sought for is to conduct fireworks display on 14.02.2020, 18.02.2020 and 19.02.2020, an order shall be passed, on or before 14.02.2020 2 p.m. We make it clear that the above direction shall not be taken as one to reconsider the question of grant of permission to conduct fireworks display with Amittu, Gundu and Kuzhiminnal. In other words, what is to be considered is whether the display of fireworks can be permitted to the limited extent by using the other items of fireworks mentioned in the application dated 11.02.2020.

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Ordered accordingly.

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Sd/- C.T. RAVIKUMAR, JUDGE

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Sd/- N. NAGARESH, JUDGE

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aks/13.02.2020

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WP(C) No.3417 OF 2020(B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY SUBMITTED RESPONDENT	OF TH BY THE .	E APPLICATION DATED NIL PETITIONER BEFORE THE 2ND
EXHIBIT P2	TRUE COPY DATED 22 RESPONDENT	OF THE .01.2020 .	ORDER NO C6-13208/2019 ISSUED BY THE 2ND
EXHIBIT P3	TRUE COPY 30.01.2020 COMPANY LT	OF THE ISSUED D,	INSURANCE POLICY DATED BY THE ORIENTAL INSURANCE
EXHIBIT P4	TRUE COPY THE FIREWO	OF THE RKS DISP	ONSITE EMERGENCY PLAN OF LAY PLOT DATED NIL
EXHIBIT P5	TRUE COPY WPC NO.503	OF THE 4/19 OF	ORDER DATED 22.2.2019 IN THIS HON'BLE COURT.
EXHIBIT P6	TRUE COPY 24.1.2014	OF THE ISSUED B	LICENSE FROM LE-1 DATED Y THE 2ND RESPONDENT.
EXHIBIT P7	TRUE COPY EXPLOSIVES BY THE 5TH	OF THE IN ROAD RESPOND	LE 7 LICENSE TO TRANSPORT VAN DATED 11.8.15 ISSUED ENT.

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WP(C) No.3417 OF 2020(B)

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Reghu P.K v. the District Collector

Case brief

What is this about?

What did the court decide?

Reghu P.K v. the District Collector

Case brief

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What did the court decide?

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