Disposed

Sreekanteswara Kshetra Yogam, v. State of Kerala

Kerala HC17 Feb 2020WP(C)/4075/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a condition prohibiting fireworks between 10 P.M. and 6 A.M. The court directed the third respondent to consider the petitioners' representation for modifying the condition expeditiously.

What did the court decide?

Direction to the third respondent to consider and pass appropriate orders on Ext.P4 representation on or before 5 p.m. on 20.02.2020.

Sreekanteswara Kshetra Yogam, 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 MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941

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WP(C).No.4075 OF 2020(H)

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PETITIONERS:

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1 SREEKANTESWARA KSHETRA YOGAM, (REG.NO.S.45/76), KOZHIKODE 673 001, REPRESENTED BY ITS JOINT SECRETARY, SRI ANEAK K.V.

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2 ANEAK K.V.,AGED 50 YEARS, S/O.JANARDHANAN K.V.,JOINT SECRETARY, SREEKANTESWARA KSHETRA YOGAM, (REG. NO.S 45/76),KOZHIKODE 673 001, RESIDING AT 5/2593A,PREMJAN MANSION, OPP. MUTHANKAVU, KOZHIKODE 673 006.

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BY ADV. SRI.K.PRAVEEN KUMAR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE DISTRICT COLLECTOR (DISTRICT MAGISTRATE) CIVIL STATION (PO),KOZHIKODE 673 020.

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3 THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION (PO), KOZHIKODE 673 020.

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4 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, KOZHIKODE 673 001.

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5 THE PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION, REPRESENTED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM SUB CIRCLE OFFICE, C-2, IIIRD FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULAM 682 030.

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GP- SRI T.K. ANANDAKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.4075/2020

JUDGMENT

C.T. Ravikumar, J.

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This writ petition has been filed seeking quashment of Ext.P2 to the extent it imposes condition No.4. Condition No.4 therein reads thus:

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“4. No display of fireworks is allowed between 10 P.M. And 6 A.M.”

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The further prayers are for issuance of a writ of mandamus, commanding the respondents to permit the petitioners to conduct display of fireworks at 3 a.m. onwards on 22.02.2020 and for a declaration that the respondents (sic., petitioners) are entitled to conduct display of fireworks at 3 a.m. onwards on 22.02.2020 as part of Sivaratri festival.

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Ext.P2 would reveal that the application moved by the petitioners for licence to conduct display of fireworks before the third respondent was allowed and thereupon Ext.P3 licence was issued. Obviously, the petitioners are aggrieved by Ext.P2 only to the extent, whereby the condition No.4 was imposed. Seeking permission to conduct display of

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WP(C) No.4075/2020

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fireworks from 3 a.m. onwards on 22.02.2020 in modification of condition No.4, the petitioners have moved Ext.P4 representation. Since the petitioners have already been permitted to conduct fireworks and they are virtually, now seeking only modification of condition No.4.

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In the said circumstances, we are of the view that this writ petition can be disposed of, without making any observation as to the merits of the claim of the petitioners, with a direction to the third respondent to consider and pass appropriate orders on Ext.P4, expeditiously, at any rate, on or before 5 p.m. on 20.02.2020. Ordered accordingly.

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Sd/-

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C.T. RAVIKUMAR JUDGE

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Sd/- N. NAGARESH JUDGE

ncd

WP(C) No.4075/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE FESTIVAL CATALOGUE EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO. DCKKD/11171/2019-D5 DATED 4-2-20 OF THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LICENSE ISSUED TO 2ND PETITIONER IN FORM LE-6 DATED 4-2-20 ADDL.EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 14.2.20 SUBMITTED BEFORE THE 3RD RESPONDENT. ADDL.EXHIBIT P5 TRUE COPY OF APPLICATION DATED 19.11.19 SUBMITTED BEFORE THE 3RD RESPONDENT.

Sreekanteswara Kshetra Yogam, v. State of Kerala

Case brief

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Sreekanteswara Kshetra Yogam, v. State of Kerala

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