Writ petition sought a direction that the temporary amusement park for the Aluva Shivaratri festival be permitted only with all statutory clearances and safety inspections. The Municipality undertook to comply; the court allowed the petition recording the undertaking and directed strict adherence to the prior judgment and Government Order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 WP(C) NO. 1587 OF 2024
PETITIONER:
SREEJITH MB, AGED 44 YEARS S/O BALACHANDRAN NAIR, MULLEPPILLY AYILYAM HOUSE, U C COLLEGE PO, ALUVA, PIN - 683102
BY ADVS. AZHAR ASSEES HARRIS BEERAN ANAND B. MENON
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
8 DISTRICT FIRE OFFICER
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FIRE AND RESCUE SERVICES, GANDHINAGAR, KADAVANTHARA ERNAKULAM, PIN - 682020
9 ENVIRONMENT ENGINEER DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR, ERNAKULAM, PIN - 682020
10 SUPERINTENDENT OF POLICE OFFICE OF THE ALUVA RURAL SP, POWER HOUSE ROAD, ALUVA, PIN - 683101
BY ADVS. K T THOMAS P.MOHANDAS(ERNAKULAM) NIKHIL BERNY(K/674/2014) K.SUDHINKUMAR SABU PULLAN GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN BHARATH MOHAN K.P.SATHEESAN (SR.)
OTHER PRESENT:
SMT. VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court seeking a direction to the second respondent – Municipality “ to prohibit the operation of temporary Amusement Park at Aluva Shivaratri Manappuram ” without necessary clearances, permissions, “No Objection Certificates” and approvals obtained from the competent officials, as mandated in Ext.P2 Government Order.
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clearances, as are mandatory consequent to Ext.P1 judgment and Ext.P2 Government order. He then refuted the submissions of Sri.Harris Beeran, asserting that his client has always taken the safety of the devotees as being paramount; and that all imputations to the contrary are uncorroborated and malicious. He thus prayed that this writ petition be dismissed; undertaking that any temporary Amusement Park will be allowed to be established and operated only as per law, in strict compliance of every statutory and mandatory safety requirements, as are applicable.
I, therefore, allow this writ petition, recording the afore undertaking of Sri.K.T.Thomas; with a consequential direction to the Aluva Municipality
to ensure that any temporary Amusement Park be established for the Shivaratri festival, scrupulously complying with the directives in Ext.P1
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judgment and in full adherence to Ext.P2 Government Order, which shall be ensured through proper and necessary inspections and safety audits.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
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APPENDIX OF WP(C) 1587/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF JUDGMENT DATED 29.09.2020 OF THIS HON'BLE COURT IN W.P(C) 5673 OF 2017 Exhibit P2 A TRUE COPY OF THE G.O (RT) NO-1559/2020/LSGD DATED 20.08.2020 Exhibit P3 A TRUE COPY OF THE LETTER DATED 15.02.2023 BEARING NO. DB/ CARNIVAL ISSUED BY THE 6TH RESPONDENT TO THE 2ND RESPONDENT MUNICIPALITY Exhibit P4 A TRUE COPY OF THE LETTER SENT BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT ON 17.02.2023 Exhibit P5 A TRUE COPY OF THE LETTER DATED 17.02.2023 BEARING NUMBER C.M.U/51/2023-CK DATED 17.02.2023 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF RTI APPLICATION DATED 05.12.2023 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT Exhibit P7 A TRUE COPY OF REPLY DATED 03.01.2023 TO THE EXHIBIT P6 RTI APPLICATION ISSUED BY THE 7TH RESPONDENT Exhibit.P8 A TRUE COPY OF THE LETTER AND SITE PLAN DATED 17-02-2023 SUBMITTED AT ALUVA MUNICIPALITY BY THE ORGANISER OF 2023 SHIVARATRI MELAS AND AMUSEMENT PARKS Exhibit.P9 A TRUE COPY OF THE SITE NOC LETTER BEARING NODFOEKM/555/2023/F DATED 09-02-2023 ISSUED BY THE 8TH RESPONDENT Exhibit.P10 WAS CONVERTED TO PLANT NURSERY AFTER TWO DAYS. THE PHOTOGRAPHS TO SHOW THAT THE TEMPORARY FIRE STATIONS CONVERTED TO PLANT
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| NURSERY | |
|---|---|
| Exhibit.P11 | THE PHOTOGRAPHS TO SHOW THE FLOODING AT THE AREAS WHERE THE TEMPORARY AMUSEMENT PARK |
| Exhibit.P12 | A TRUE COPY OF THE PHOTOGRAPHS OF THE AMUSEMENT RIDES INSTALLED DURING 2023 SHIVARATRI |
| Exhibit P13 | A TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT DATED 16-02-2024 IN WP(C) NO.4602/2024 |
| Exhibit P14 | A TRUE COPY OF THE NEWSPAPER ARTICLE PUBLISHED IN MALAYALA MANORAMA DAILY ON 26.02.2024 |
| Exhibit P15 | A TRUE COPY OF THE NEWSPAPER ARTICLE PUBLISHED IN MATHRUBHUMI DAILY ON 26.02.2024 |
| Exhibit P16 | A TRUE COPY OF THE WRIT PETITION IN W.P(C) NO.7702/2024 |
| Exhibit P17 | A TRUE COPY OF THE NEWSPAPER ARTICLE PUBLISHED IN KERALA KAUMUDY DAILY ON 28.02.2024 |
1 issue framed by the court
Whether the temporary Amusement Park at Aluva Shivaratri Manappuram can be operated only after obtaining requisite clearances and safety approvals per Ext.P2 Government Order.
SREEJITH MB
THE STATE OF KERALA
ALUVA MUNICIPALITY
THE DISTRICT COLLECTOR
ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ALUVA
CHIEF ENGINEER (MECHANICAL), KERALA WATER AUTHORITY
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
