Kerala High Court
C.Sureshkumar vs District Collector on 24 December, 2024
WP(C) No.45874/2024 1/6 Order Date : 24-12-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
Tuesday, the 24th day of December 2024 / 3rd pousha, 1946
WP(C) NO. 45874 OF 2024
PETITIONER:
C.SURESHKUMAR,AGED 59 YEARS,C/O RAJANI.V,CHAKKINGAL
(H),CHERUKANNAMBRA KANNAMBRA I,P.O,PALAKKAD,PRESIDENT SRI.PALLIYARA
KAVU KSHETHRA UPADESAKA SAMITHI CHERUKANNAMBRA
P.O,PARUVASSERY,PIN-678686
RESPONDENTS:
1. DISTRICT COLLECTOR,COLLECTORATE
KENATHUPARAMBU,KUNATHURMEDU,PALAKKAD,KERALA,PIN-678013
2. REVENUE DIVISIONAL OFFICER,PARAKKUNNAM,VIDYUT
NAGAR,PALAKKAD,KERALA,PIN-678001
3. ADDITIONAL DISTRICT MAGISTRATE,COLLECTORATE,CIVIL
STATION,PALAKKAD,PIN-678001
4. SECRETARY,DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION MINISTRY OF
COMMERCE AND INDUSTRY,UDYOG BHAVAN,NEW DELHI,PIN-110011
5. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES
SAFETY ORGANISATION(PESO),KENDRIYA
BHAVAN,KAKKANAD,ERNAKULAM,PIN-682037
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Ext P8, P9 and direct the 3rd respondent to issue license
in form le-6 so as to enable the petitioner to conduct public display of
fireworks to be conducted on 25.12.2024 and 26.12.2024 between 6 pm to 8
pm and 6am to 8am respectively subject to any conditions to be prescribed
for the same, pending consideration of the writ petition, in the interest
of justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. L.RAJESH NARAYAN Advocate for the petitioner, SRI.KRISHNA T C,
Advocate for R5, the court passed the following:
WP(C) No.45874/2024 2/6 Order Date : 24-12-2024
WPC Nos.45515/24 &
45874/24
1
EASWARAN S., J.
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W.P.(C)Nos.45515 and 45874 of 2024
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Dated this the 24th day of December, 2024
ORDER
The petitioners impugn Ext.P8 order passed by the
Additional District Magistrate, refusing permission for conducting
the fireworks in connection with the temple festival.
2. The learned counsel for the petitioners submits that
the opposition by the District Magistrate is without any apparent
reason and virtually requires the petitioners to perform the
impossible act. The prime dispute relates to the implementation
of the amendments caused to the Explosives Rules, 2008. The
amendment to the Rules came into effect from 11.10.2024. By
virtue of the said amendment, Rule 25B is inserted, which
requires a Fireworks Display Assistant to be appointed for the
purpose of setting up of the equipment’s of fireworks, loading
mortars, igniting the fireworks, and cleaning the discharge site.
The application for obtaining license is under Rule 113 of the said
Rules. Along with the application for license, a certificate issued
by the Controller of Explosives appointing a Fireworks Display
Operator or Fireworks Display Assistant is also required.
WP(C) No.45874/2024 3/6 Order Date : 24-12-2024
WPC Nos.45515/24 &
45874/24
2
3. The Learned Government pleader points out before
rejecting the request for license, the petitioner was required to
cure mainly three defects. One of the defects pertains to
production of the certificate of Fireworks Display Operator or
Fireworks Display Assistant.
4. The learned counsel for the petitioners submits that at
present, there is no method prescribed for obtaining the
certificate of Fireworks Display Operator or the Fireworks Display
Assistant. In the absence of any methodology, even if the
petitioners are required to apply for the same, they will be
required to perform the impossible act.
5. Faced with this peculiar situation in order to solve the
impasse, and keeping in mind that the fireworks forms part of
the festive season, when the writ petitions were taken up in the
morning session, this Court had required the Government
pleader to come up with a viable solution to the issue. However,
the learned Government Pleader not only showed insensitivity to
the whole issue but tried to justify the stand by stating that it is
because of the rigor of the rule framed by the Central
Government that the present impasse has occurred.
6. Be that as it may, when these Rules mandate a
certificate of Fireworks Display Operator or Fireworks Display
WP(C) No.45874/2024 4/6 Order Date : 24-12-2024
WPC Nos.45515/24 &
45874/24
3
Assistant be issued by the Chief Controller of the Explosives, the
State cannot be compelled to relax the Rules and grant
permission for the conduct of fireworks.
7. Per contra, the learned counsel for the petitioners
submitted that, though no procedure has been prescribed under
the rules till date to obtain the certificate as required, they will
make an attempt and will apply immediately to the Chief
Controller of Explosives for issuance of such certificate.
8. In such circumstances, this Court is of the considered
view that the petitioners should be permitted to apply for the
certificate of Fireworks Display Operator or Fireworks Display
Assistant before the Chief Controller of Explosives. The
petitioners are at liberty to prefer the application even today. If
such an application is preferred, the Chief Controller of
Explosives shall take a decision as expeditiously as possible and
intimate the petitioners whether they are entitled for such
certificate. Once the Chief Controller of Explosives decides to
issue the certificate, the petitioners will be free to approach the
District Magistrate for reconsideration of Ext.P8 and the District
Magistrate shall take a decision forthwith once the certificate is
issued.
9. Considering the stand of the State that without the
WP(C) No.45874/2024 5/6 Order Date : 24-12-2024
WPC Nos.45515/24 &
45874/24
4
certificate, no permission for use of fireworks can be granted,
this Court feels that the stand though laudable in the larger
public interest, at the same time it must be remembered that
there are certain activities undertaken by the State in the festive
season at the behest of the District Tourism Promotion Council. It
is made clear that for such activities also the rules shall be
applied with same rigor, since the law cannot be interpreted
differently for the state and its citizen.
Post on 08.01.2025.
Sd/-
EASWARAN S., JUDGE
ACR
WP(C) No.45874/2024 6/6 Order Date : 24-12-2024
APPENDIX OF WP(C) 45874/2024
Exhibit P1 TRUE COPY OF THE APPLICATION FORM NO. AE-6 SUBMITTED BY
THE PETITIONER ON 15.10.24
Exhibit P2 TRUE COPY OF THE LICENSE IN FORM LE1 DATED 30.10.2018
Exhibit P3 TRUE COPY OF THE PLAN SHOWING THE PROPOSED SITE FOR
DISPLAY ON 26.12.2024
Exhibit P4 TRUE COPY OF THE LICENSE IN FORM LE-7 DATED 11.8.2015
Exhibit P5 TRUE COPY OF THE INSURANCE POLICY DATED 22.11.2024
ISSUED IN THE NAME OF THE TRUSTEE
Exhibit P6 TRUE COPY OF THE REPORT SUBMITTED BY THE KANNAMBRA 2
VILLAGE BEFORE THE TAHSILDAR, ALATHUR ON 25.11.2024
Exhibit P7 TRUE COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR,
ALATHUR TO THE 1ST RESPONDENT DATED 5.12.2024
Exhibit P8 TRUE COPY OF THE ORDER DATED 17.12.2024 NO.
DCPKD/14798/2024/D3
Exhibit P9 TRUE COPY OF THE NOTIFICATION DATED 11.10.2024 ISSUED
BY THE JOINT SECRETARY, MINISTRY OF COMMERCE AND
INDUSTRY
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C)
NO.5261/2020
Exhibit P11 TRUE COPY OF THE ORDER DATED 3.4.2023 IN WPC NO.
11948/2023
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 14.3.2024 IN WPC
NO.10135/2024
Exhibit P13 TRUE COPY OF THE ORDER DATED 26.3.2024 IN W.A
NO.464/2024
Exhibit P14 TRUE COPY OF THE INTERIM ORDER DATED 16.4.2024 IN WPC
NO. 15960/2024
Exhibit P15 TRUE COPY OF THE ORDER DATED 23.4.2024 IN WPC
NO.16422/2024
Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 3.5.2024 IN WPC
NO.16473/2024 AND OTHER CASES
Exhibit P17 TRUE COPY OF THE JUDGMENT DATED 28.6.2024 IN WPC
NO.22997/2024
Exhibit P18 TRUE COPY OF THE JUDGMENT DATED 5.9.2024 IN WPC
NO.31048/2024