Allowed

P.R.Suresh Kumar v. the District Collector, Thrissur

Kerala HC17 Feb 2020WP(C)/4478/2020

Case brief

AI extract

What is this about?

Three writ petitions challenged the denial of fireworks licenses for festival dates. The Court ruled that the authorities should consider limited fireworks display using portable magazines and directed the first respondent to process fresh applications immediately.

What did the court decide?

Petitioners permitted to file fresh applications for limited fireworks display using portable magazines; DA to pass orders promptly.

P.R.Suresh Kumar 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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MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941

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WP(C).No.4445 OF 2020(E)

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PETITIONER:

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K.BALAKRISHNAN WORKING PRESIDENT, SREE RUDHIRAMAHAKALIKAVU (UTHRALIKAVU) TEMPLE, KUMARANELLUR DESAM COMMITTEE, WADAKKANCHERY, RESIDING AT KOLANCHERY HOUSE, KUMARANELLUR P.O., WADAKANCHERY, PIN-680590.

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BY ADV. SMT.SHOBA ANNAMMA EAPEN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, THRISSUR, PIN-680001.

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2 ADDITIONAL DISTRICT MAGISTRATE, THRISSUR, PIN-680001.

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3 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION, (PESO) KENDRIYA BHAVAN, KAKKANAD, KOCHI-682030.

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4 COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THRISSUR, PIN-680001.

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R3 BY SRI.P.VIJAYAKUMAR, ASG OF INDIA

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W.P.(C).4445/2020 & conn.

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OTHER PRESENT:

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SRI.SUMEESH, SC,CDB.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2020, ALONG WITH WP(C).4459/2020(F), WP(C).4478/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).4445/2020 & conn.

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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

¶27

¶28

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.4459 OF 2020(F)

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PETITIONER:

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T.G.ASOKAN,

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PRESIDENT, SREE RUDHIRAMAHAKALIKAVU TEMPLE (UTHRALIKAVU), WADAKKANCHERY COMMITTEE, WADAKKANCHERY, RESIDING AT ANUPAMA, NEAR GIRL'S HIGH SCHOOL, WADAKKANCHERY P.O., PIN-680582.

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BY ADV. SMT.SHOBA ANNAMMA EAPEN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, THRISSUR, PIN-680001.

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2 ADDITIONAL DISTRICT MAGISTRATE, THRISSUR, PIN-680001.

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3 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM & EXPLOSIVES SAFETY ORGANISATION, (PESO) KENDIRYA BHAVAN, KAKKANAD, KOCHI-682030.

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4 COCHIN DEVASWOM BOARD,REPRESENTED BY ITS SECRETARY, THRISSUR, PIN-680020.

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R3 BY SRI.P.VIJAYAKUMAR, ASG OF INDIA

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OTHER PRESENT:

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SRI. AJITH KRISHNAN- SC,CDB.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2020, ALONG WITH WP(C).4445/2020(E),

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W.P.(C).4445/2020 & conn.

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WP(C).4478/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).4445/2020 & conn.

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¶49

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶50

PRESENT

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶52

¶53

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.4478 OF 2020(H)

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PETITIONER:

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P.R.SURESH KUMAR

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PRESIDENT, ENKAKAD DESAM POORAM COMMITTEE, SREE RUDHIRAMAHAKALIKAVU(UTHRALIKAVU) TEMPLE,WADAKANCHERY, RESIDING AT POOKUNNATH HOUSE,PARUTHIPARA, KUMARANELLUR.P.O,PIN-680590.

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BY SMT.SHOBA ANNAMMA EAPEN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, THRISSUR PIN-680001.

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2 ADDITIONAL DISTRICT MAGISTRATE, THRISSUR,PIN-680001.

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3 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM & EXPLOSIVES SAFETY ORGANISATION, (PESO)KENDRIYA BHAVAN, KAKKANAD,KOCHI-682030.

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4 COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THRISSUR,PIN-680020.

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R3 BY SRI.P.VIJAYAKUMAR, ASG OF INDIA

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W.P.(C).4445/2020 & conn.

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OTHER PRESENT:

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SRI DILJITH K. MANOHAR -SC,CDB.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2020, ALONG WITH WP(C).4445/2020(E), WP(C).4459/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶71

W.P.(C).4445/2020 & conn.

JUDGMENT

Ravikumar, J.

The subject matter involved in the captioned writ petitions is one and the same. The writ petitions are filed on being aggrieved by the denial of license for conducting public display of fireworks in connection with the festival at Sree Rudhiramahakalikavu (Uthralikavu) Temple. W.P.(C).No.4445 of 2020 is filed by Kumaranellur Desam Committee, W.P.(C).No.4459 of 2020 is filed by Wadakanchery Desam Pooram Committee and W.P.(C).No.4478 of 2020 is filed by Enkakkad Desam Pooram Committee. The aforesaid committees filed applications for LE-6 license for conducting fireworks in connection with the festival at Rudhiramahakalikavu (Uthralikavu) Temple. The said applications, which are produced as Ext.P1 in each of the writ petitions, would reveal that they sought for permission to conduct fireworks display on four days, viz., on 18.2.2020, 23.2.2020, 25.2.2020 and 26.2.2020. At this juncture, it is to be noted that, when these matters are taken up for

¶76

W.P.(C).4445/2020 & conn.

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consideration, the learned counsel for the petitioners submitted that now the said committees except the Enkakkad Desam Pooram Committee have taken up a decision to confine the fireworks display only to one day. Accordingly, it is submitted that in respect of Kumaranellur Pooram Committee, they propose to conduct fireworks display on 25.2.2020 and Enkakkad Desam Pooram Committee proposes to conduct fireworks display on 18.2.2020 and 23.2.2020 and Wadakanchery Desam Pooram Committee is proposing to conduct fireworks display only on 26.2.2020. Applications for license were dismissed by the Additional District Magistrate, Thrissur as per orders dated 3.2.2020. Aggrieved by the orders dated 3.2.2020, the aforesaid committees took up the matter in appeal before the District Collector, Thrissur. The respective order passed by the District Collector rejecting the appeals preferred by each of the Committees, is produced in the writ petitions as Ext.P3. It is aggrieved by the orders passed by the Additional District Magistrate which was confirmed by the District Collector that the captioned writ petitions have been preferred.

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We have heard the learned counsel for the petitioners, the

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W.P.(C).4445/2020 & conn.

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learned standing counsel for CDB, the learned standing counsel for Petroleum and Explosives Safety Organisation (PESO) and the learned Government Pleader.

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A perusal of the impugned orders in the above writ petitions would reveal that the sole reason for rejecting the applications is the absence of magazines as prescribed in the Explosives Rules. When these matters are taken up for consideration, the learned counsel for the petitioners submitted that the petitioners may be permitted to use portable magazines for the purpose of storage of fireworks for display on the aforementioned days. We are of the the considered view that it is essentially a matter to be considered by the concerned authority. Whether it is safe to use portable magazine and if possible, what should be the quantity of fireworks, are all matters for the authority concerned to decide. Ext.P1 applications would reveal that the petitioners are proposing to conduct fireworks using Olavedi and 2000 Kgs of 'Flowers'. When we put a question as to what exactly is the meaning of the expression 'Flowers' with reference to fireworks, it is submitted that it is 'Chinese Crackers'. On carefully scanning the

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W.P.(C).4445/2020 & conn.

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impugned orders, it is evident that with respect to the conduct of fireworks using the aforesaid items, no objection was raised by the authorities and as noticed hereinbefore, the only reason for rejection of applications is the absence of magazines prescribed in the Explosives Rules. Taking into consideration the fact that permission for fireworks display is sought for four days viz., on 18.2.2020, 23.2.2020, 25.2.2020 and 26.2.2020 in the aforesaid manner, we are of the view that it is for the District Collector to consider whether fireworks display to the limited extent using portable magazines can be permitted.

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On careful consideration of Ext.P1 application in the writ petitions, it is seen that all the applications were filed on 27.11.2019 and orders were passed thereon only on 3.2.2020 by the second respondent, Additional District Magistrate. As provided under the Rules, the petitioners took up the matter in appeal before the first respondent and orders were passed thereon, on 13.2.2020. When applications were submitted seeking grant of license for conducting fireworks display in connection with the festivals, in terms of the

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W.P.(C).4445/2020 & conn.

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provisions under the Explosives Rules, there is absolutely no justification for the authorities to keep the matter pending for months and then passing an order at a belated stage virtually depriving the applicants to work out their remedies in case of rejection of the applications. Evidently, this is what happened in the cases on hand. As noticed hereinbefore, in the case of Enkakkad Desam Pooram Committee, as part of Uthralikkavu festival, they are proposing to conduct fireworks display on 18.2.2020 and 23.2.2020. We have already taken note of the fact that the other two committees viz., Kumaranellur Desam Committee and Wadakanchery Desam Pooram Committee propose to conduct fireworks on 25.2.2020 and 26.2.2020 respectively. Taking into account the paucity of time, we are of the view that they shall be permitted to move the first respondent with proper applications seeking permission to conduct fireworks on the aforementioned dates in limited extent and also to use portable magazines for the safe storage of the fireworks. In case the petitioners file such applications today (17.2.2020), the first respondent shall consider the same and pass appropriate orders on the application of

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W.P.(C).4445/2020 & conn.

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Enkakkad Desam Pooram Committee which is the petitioner in W.P.

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(C).No.4478 of 2020 not later than 4 p.m tomorrow (18.2.2020). In

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respect of the other writ petitions, such orders shall be passed on their

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applications on or before 22.2.2020.

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Writ petitions are disposed of accordingly.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/-

N.NAGARESH

JUDGE

W.P.(C).4445/2020 & conn.

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¶106

APPENDIX OF WP(C) 4445/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE APPLICATION DATED 27.11.2019
	FOR PERMISSION FOR DISPLAY OF FIREWORKS FILED
	BEFORE THE SECOND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE ORDER NO.C6-13200/2019 DATED 03.02.2020 PASSED BY THE 2ND RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE ORDER NO.C6-13200/2019 DATED 13.02.2020 PASSED BY THE 1ST RESPONDENT.

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EXHIBIT P4 A TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT IN FORM LE-1 TO THE LICENSEE.

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EXHIBIT P5 TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT IN FORM LE-3 TO THE LICENSEE.

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EXHIBIT P6 TRUE COPY OF THE ONSITE EMERGENCY PLAN OF THE FIREWORKS DISPLAY PLOT DATED NIL.

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EXHIBIT P7 TRUE COPY OF THE INSURANCE POLICY DATED 10.02.2020 ISSUED BY THE ORIENTAL INSURANCE COMPANY LIMITED.

¶115

EXHIBIT P8 TRUE COPY OF THE MAGAZINE PLAN DRAWING APPROVED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI ON 16.03.2018.

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EXHIBIT P9 TRUE COPY OF THE PHOTOGRAPHS OF THE APPROVED MAGAZINE BUILT IN THE PREMISES OF THE SREE RUDRA MAHAKALIKAVU TEMPLE.

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EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 23.10.2019 IN WPC NO.28090/2019 OF THIS HON'BLE COURT.

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EXHIBIT P11 TRUE COPY OF THE LETTER DATED 17.01.2020 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, WADAKKANCHERY TO THE PETITIONER.

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W.P.(C).4445/2020 & conn.

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¶121

APPENDIX OF WP(C) 4459/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 27/11/2019 FOR PERMISSION FOR DISPLAY OF FIREWORKS FILED BEFORE THE SECOND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE ORDER NO. C613189/2019 DATED 03/02/2020 PASSED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER NO. C613189/2019 DATED 13/02/2020 PASSED BY THE 1ST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT IN FORM LE-1 TO THE LICENSEE. EXHIBIT P5 A TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT IN FOR LE-3 TO THE LICENSEE. EXHIBIT P6 TRUE COPY OF THE ONSITE EMERGENCY PLAN OF THE FIREWORKS DISPLAY PLOT DATED NIL. EXHIBIT P7 TRUE COPY OF THE INSURANCE POLICY DATED 10/02/2020 ISSUED BY THE ORIENTAL INSURANCE COMPANY LIMITED.

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EXHIBIT P8 TRUE COPY OF THE MAGAZINE PLAN DRAWING APPROVED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI ON 16/03/2018.

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EXHIBIT P9	TRUE COPY OF THE PHOTOGRAPH OF THE APPROVED
	MAGAZINE BUILT IN THE PREMISES OF THE SREE
	RUDRA MAHAKALIKAVU TEMPLE.

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EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 23/11/2019 IN WPC NO.28090/2019 OF THIS HON'BLE COURT. EXHIBIT P11 : TRUE COPY OF THE LETTER DATED 17.01.2020 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, WADAKKANCHERY TO THE PETITIONER.

¶128

¶129

APPENDIX OF W.P.(C).4478/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 27.11.2019 FOR PERMISSION FOR DISPLAY OF FIREWORKS FILED BEFORE THE SECOND RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER NO.C6-13197/2019 DATED 03.02.2020 PASSED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER NO.C6-13197/2019 DATED 13.02.2020 PASSED BY THE 1ST RESPONDENT . EXHIBIT P4 A TRUE COPY OF LICENSE ISSUED BY THE 3RD RESPONDENT IN FORM LE-1 TO THE LICENSEEE EXHIBIT P5 A TRUE COPY OF LICENSE ISSUED BY THE 3RD RESPONDENT IN FORM LE-3 TO THE LICENSEEE EXHIBIT P6 TRUE COPY OF THE ONSITE EMERGENCY PLAN OF THE FIREWORKS DISPLAY PLOT DATED NIL EXHIBIT P7 TRUE COPY OF THE INSURANCE POLICY DATED 10.02.2020 ISSUED BY THE ORIENTAL INSURANCE COMPANY LIMITED EXHIBIT P8 TRUE COPY OF THE MAGAZINE PLAN DRAWING APPROVED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES,CHENNAI ON 16.03.2018 EXHIBIT P9 TRUE COPY OF THE PHOTOGRAPH OF THE APPROVED MAGAZINE BUILT IN THE PREMISES OF THE SREE RUDRA MAHAKALIKAVU TEMPLE EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 23.10.2019 IN WP(C)NO.28090/2019 OF THIS HON'BLE COURT EXHIBIT P11 TRUE COPY OF THE LETTER DATED 17.01.2020 ISSUED BY THE AGRICULTURAL OFFICER,KRISHI BHAVAN,WADAKKANCHERY TO THE PETITIONER. spc/

P.R.Suresh Kumar v. the District Collector, Thrissur

Case brief

What is this about?

What did the court decide?

P.R.Suresh Kumar v. the District Collector, Thrissur

Case brief

What is this about?

What did the court decide?

What the court decided

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