The High Court of Kerala directed the Additional District Magistrate, Thirssur, to consider a fresh application for permission to conduct a fireworks display for the Thalappoli festival by a specific date, noting procedural defects in the previous rejection.
Direction to the third respondent to consider Ext.P6 and pass orders by on or before 27.02.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941
WP(C).No.4767 OF 2020(U)
PETITIONERS:
BY ADVS.
SRI.V.PREMCHAND SMT.PRINCY P.P.
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAURAM PIN-695 001.
G.P. SRI. T.K. ANANDAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.4767/2020
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JUDGMENT
Ravikumar, J.
Denial of permission to conduct fireworks display on two days in connection with the 'Thalappoli' festival in Kannampuzha Bhagavathi Temple, Chalakkudi in Thrissur District constrains the petitioner to file this writ petition with the following prayers:
“(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 2 and 3 to permit the Temple authorities and Thalappoli Festival Committee of Kannampuzha Bhagavathi Temple, Chalakudi, Thirussur District to conduct fireworks display in accordance with traditional manner on 27th and 28th February, 2020 (sic. 28th and 29th of February, 2020)”
(ii) Declare that denial of permission to conduct fireworks display of Kannampuzha Bhagavathi Temple, Chalakudi, Thrissur District is illegal and arbitrary.
(iii) Issue a writ of mandamus or any other appropriate writ direction or order directing the 2nd respondent to dispose of Exhibit P6 forthwith and permit the Temple authorities and
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Thalapoli Festival Committee of Kannampuzha Bhagavathi Temple, Chalakudi, Thrissur District to conduct fireworks display in accordance with traditional manner.”
seeking permission to conduct fireworks display on 28.02.2020 from 7 p.m. to 8 p.m. and on 29.02.2020 from 6 a.m. to 6.30 a.m. Subsequently, I.A. No. 1/2020 has been filed by the petitioner in the writ petition producing the original application filed on 25.11.2019, which was earlier rejected as per Ext.P5. It would reveal that the petitioner had sought for permission to conduct fireworks display using the following items:
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WP(C)No.4767/2020
Evidently as per Ext.P6, the petitioner virtually reiterates the
request for permission to conduct fireworks display with the aforesaid items.
In that view of the matter, we are inclined to dispose of
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this writ petition with the direction to the third respondent to consider and pass appropriate orders on Ext.P6, taking into account fresh materials and the materials already produced
and appropriate orders thereon as expeditiously as possible,
at any rate, on or before 27.02.2020.
Sd/-
C.T. RAVIKUMAR JUDGE
Sd/-
N. NAGARESH JUDGE
ncd
WP(C)No.4767/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE FESTIVAL COMMITTEE OF KANNAMPUZHA TEMPLE, CHALAKUDY. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 6.3.2019 IN WPC NO.6314/2019. EXHIBIT P3 TRUE COPY OF THE SKETCH REVEALING THE LIE AND LOCATION OF THE PROPERTY. EXHIBIT P4 TRUE COPY OF THE INSURANCE CERTIFICATE DATED 22.1.2020. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 24.1.2020 BY 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 14.2.2020 BEFORE THE 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF THE LICENCE DATED 12.2.2015 ISSUED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, SIVAKASI. EXHIBIT P8 TRUE COPY OF REPORT DATED 6.1.2020 OF VILLAGE OFFICER, CHALAKUDI. EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 25.11.2020 SUBMITTED BEFORE THE 3RD RESPONDENT
1 issue framed by the court
Whether the District Magistrate should be directed to consider the fresh application for fireworks permission expeditiously.
1 provisions across 1 enactments
Syama Sundaran & Ors
The State of Kerala
The District Collector Thirssur
The Additional District Magistrate Thirssur
The District Police Chief (Rural) Thirssur
The Station House Officer, Chalakudy
C.T. Ravikumar
N. Nagaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
