Disposed

L.Parameswaran v. the District Collector

Kerala HC13 Feb 2020WP(C)/3829/2020

Case brief

AI extract

What is this about?

Writ petition by Secretary of Chinakkathur Pooram Thekkumangalam Desa Committee challenging rejection of fireworks display licence due to lack of magazine and risk assessment. Court held statutory mandate of magazine is inelastic but portable magazines may be accepted if sufficient and risk plan is produced.

What did the court decide?

Petitioner directed to provide portable magazine for safe storage and submit risk assessment plan before 2nd respondent for licensing consideration.

L.Parameswaran Vs the District Collector — Public Procurement and Tenders | 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.3829 OF 2020(C)

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PETITIONER:

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L.PARAMESWARAN,SECRETARY, CHINAKKATHUR POORAM THEKKUMANGALAM DESA COMMITTEE,VALLISAPURAM,LAKKIDI P.O., OTTAPALAM, PIN-679 301.

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BY ADV. SMT.SHOBA ANNAMMA EAPEN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, PALAKKAD, PIN-679 101.

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2 ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD, PIN-678 001.

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3 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION, (PESO) KENDRIYA BHAVAN, KAKKANAD, KOCHI-682 030.

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4 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, PALAKKAD, PIN-678 001.

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R1-R2 SMT.DEEPA.K.R,GP R3 SRI. P.VIJAYAKUMAR, ASGI R4 SRI. R. LAKSHMI NARYAN,SC

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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:

WP(C) No.3829/2020

JUDGMENT

C.T. Ravikumar, J.

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Rejection of an application for grant of licence for Public Display of fire works in connection with the annual festival of Chinakkathur Bhagavathi Temple, made the petitioner, who is the Secretary of the Thekkumangalam Desa Committee, to file this writ petition. The said application was rejected as per Ext.P2, assailing two reasons viz., absence of 'magazine' in the site in question in the manner prescribed, by the Petroleum Explosives Safety Organisation (PESO), and non production of a risk assessment plan.

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The learned counsel appearing for the petitioner attempted to canvass the position that there is no sustainable reason for insisting to provide magazine and also for requiring production of risk assessment plan for grant of licence to conduct fireworks display. The learned counsel sought for a direction to the authority to dispense with such requirements. We are afraid, the said

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WP(C) No.3829/2020

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contention cannot be accepted. A perusal of the provisions under the Explosives Rules, 2008, (for brevity 'the Rules' only) more particularly specification 3 (2) in schedule VII therein would reveal that, it is mandatory to have magazine for conducting fireworks. To know what exactly the meaning of 'magazine', one will have to refer to Rule 2 (31) of the Rules. It defines magazine as hereunder:

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“(31) “magazine” means a building or structure (other than an explosives manufacturing building) intended for storage of explosives, specially constructed in accordance with the specification provided under these rules or of a design and approved by the Chief Controller;”

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Providing magazine, in other words, a building

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or a structure, (other than explosives manufacturing building) intended for storage of explosives, which expression will take in 'fireworks' as well, specially constructed in accordance with the specification provided under the Rules or of a design and approved by the Chief

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WP(C) No.3829/2020

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controller, is mandatory for the grant of fireworks display. When that be the statutory provision, the petitioner cannot be heard to contend that the authority shall be required not to insist to provide magazine. But at the same time, we are of the view that in case the petitioner prepares to provide a portable magazine for the safe storage of the fireworks to be displayed, the authority concerned shall take into consideration and subject to the satisfaction of its sufficiency, permit the petitioner to use it as magazine. Certainly, this is required only if based on consideration of the other issues, permission is granted to display fireworks in the temple in question on the appointed days. In case the petitioner is desirous to approach the authorities viz., the 2^nd respondent, revealing the willingness to provide a portable magazine for the safe storage of the fireworks to be displayed and also produces the required risk assessment plan along with a proper application for the grant of licence along with such prescribed materials before the second

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WP(C) No.3829/2020

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respondent, the second respondent shall consider the application by looking into the materials already produced by the petitioner and pass appropriate orders thereon taking note of the fact that the permission sought for is to conduct fireworks display as part of the festival to be held on 17.02.2020. In other words, such an order shall be passed in such eventuality, on or before 16.02.2020.

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Writ Petition is disposed of as above.

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Sd/-

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C.T.RAVIKUMAR JUDGE

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Sd/-

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N. NAGARESH JUDGE

ncd

WP(C) No.3829/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 10.12.2019 FOR PERMISSION OF DISPLAY OF FIREWORKS FILED BEFORE THE SECOND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 06.02.2020 PASSED BY THE 2ND RESPONDENT.

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EXHIBIT P3 A TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT IN FORM LE-1 TO THE LICESEE.

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EXHIBIT P4 TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT IN FORM LE-3 TO THE LICENSEE.

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EXHIBIT P5 TRUE COPY OF THE ONSITE EMERGENCY PLAN OF THE FIREWORKS DISPLAY PLOT DATED NIL.

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EXHIBIT P6 TRUE COPY OF THE INSURANCE POLICY DATED 21.01.2020 ISSUED BY THE UNITED INDIA INSURANCE COMPANY LIMITED.

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EXHIBIT P7 TRUE COPY OF THE INTERI ORDER DATED 17.01.2020 IN WOC NO.1386/2020 OF THIS HON'BLE COURT.

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EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 05.02.2020 IN WPC NO.2978/2020 OF THIS HON'BLE COURT.

L.Parameswaran v. the District Collector

Case brief

What is this about?

What did the court decide?

L.Parameswaran v. the District Collector

Case brief

What is this about?

What did the court decide?

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