The High Court dismissed this writ petition noting that the interim order dated 27.04.2016, which directed the Additional District Magistrate to grant a licence for fire works display, had already been complied with as the festival for the year 2016 was conducted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 20TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944
WP(C) NO. 16026 OF 2016
PETITIONER/S:
KOODAL MANIKYAM DEVASWOM IRINJALAKUDA,THRISSUR DISTRICT-680 121. REPRESENTED BY ITS CHAIRMAN.
BY ADVS. SRI.K.JAJU BABU (SR.) SRI.BRIJESH MOHAN
RESPONDENT/S:
W.P.C.No. 16026 of 2016
2
8 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES KAKKANAD, ERNAKULAM-682 030.
ADDITIONAL 8TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 27.04.2016 IN I.A.NO.5696/16.
BY ADV ASSISTANT SOLICITOR GENERAL
OTHER PRESENT:
SRI S.RAJMOHAN- SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.No. 16026 of 2016
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ANIL K. NARENDRAN
&
P. G. AJITHKUMAR, JJ.
…...................................... W.P.(C).No. 16026 of 2016
…............................................................ Dated this the 20th day of October, 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner named Koodalmanikyam Devaswom, represented by its Chairman, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 order to the extent it prohibits the conduct of fire works display in the Annual Festival - 2016 of Koodalmanikyam Temple; to direct the respondents to permit the petitioner to carryout the fire works display as requested in Ext.P2 before 10:00 p.m. on 27.04.2016 or 28.04.2016 subject to terms and conditions as deemed just and proper; and to declare that the action of the 3rd respondent in prohibiting the conduct of fire works display in Koodalmanikyam temple is arbitrary and unsustainable;”
W.P.C.No. 16026 of 2016
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2. On 27.04.2016, when this writ petition came up for
admission, this Court admitted the matter and the learned Government Pleader took notice for respondents 1 to 3. The learned Assistant Solicitor General of India took notice for the additional 8th respondent. This Court passed a detailed order dated 27.04.2016. The operative portion of that order reads thus;
“We accordingly direct the Additional District Magistrate, Thrissur to take an appropriate decision on Ext.P2 application submitted by the petitioner for the grant of a licence for public display of fire works expeditiously and in any event before the close of office hours today after affording the Chairman of the petitioner Devaswom an opportunity of being heard. Needless to say, the Additional District Magistrate shall take into account all aspects of the matter including the safety of the persons attending the fire works display and shall strictly adhere to the provisions contained in the Explosives Act, 1884, the Rules framed there under and the directions and orders issued by the Apex Court from time to time including the decision in Forum, Prevention of Environmental & Sound Pollution v. Union of India [(2005) 5 SCC 733].”
W.P.C.No. 16026 of 2016
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3. Heard the learned counsel on both sides.
the Annual Festival for the year 2016 in Koodalmanikyam Temple. In terms of the interim order dated 27.04.2016, the
Annual Festival for the year 2016 has only been conducted.
In such circumstances, no further orders are required in this matter and the writ petition is accordingly dismissed, leading open the legal and factual contentions.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P. G. AJITHKUMAR, JUDGE
Dxy
W.P.C.No. 16026 of 2016
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APPENDIX OF WP(C) 16026/2016
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 | TRUE COPY | OF THE | RELEVANT EXTRACT OF THE |
|---|---|---|---|
| BROCHURE OF MANIKYAM TEM |
THE ANN PLE. |
UAL FESTIVAL 2016 OF KOODAL | |
| EXHIBIT P2 | COPY OF THE | REQUEST | DATED 22.03.2016 ALONG WITH |
| APPLICATION BY THE PETIT |
IN THE IONER |
PRESCRIBED FORMAT SUBMITTED | |
| EXHIBIT P3 | COPY OF THE 3RD RESPONDE |
MINUTES NT ON 1 |
OF THE MEETING HELD BY THE 5.04.2016 |
| EXHIBIT P4 | COPY OF THE 30.04.2015 I WITH LICENCE |
ORDER SSUED B IN RES |
NO.C6-18795/15/K DIS DAT4ED Y THE 3RD RESPONDENT ALONG PECT OF THE PETITIONER |
| EXHIBIT P5 | COPY OF THE 28.03.2015 I WITH LICENCE |
ORDER SSUED B ISSUED |
NO.C6-10725/15/L.DIS DATED Y THE 3RD RESPONDENT ALONG IN FAVOUR OF SRI.SAJI.P.M. |
| EXHIBIT P6 | COPY OF TH | E ORDER | DATED 14.04.2016 OF THIS |
| HON'BLE CO | URT I | N WP(C)NO.14978/2016 AND | |
| CONNECTED | CASES | ALONG WITH COPY OF THE | |
| STATEMENT FI | LED ON | BEHALF OF THE GOVERNMENT. |
Colour shows how this judgement treated each authority
Forum, Prevention of Environmental & Sound Pollution v. Union of IndiaReferred¶41
Forum, Prevention of Environmental & Sound Pollution v. Union of India [(2005) 5 SCC 733] · Who else cites this
Koodal Manikyam Devaswom Irinjalakuda
State of Kerala
District Collector Trissur
Additional District Magistrate Trissur
Superintendent of Police (Rural) Trissur
Deputy Superintendent of Police Irinjalakuda
Anil K. Narendran
P. G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
