M.ASOKAN v. DISTRICT COLLECTOR

Form LE-6 so as to enable him to conduct public display of fireworks to be conducted on 16.2.2024 between 6.30 p.m. to 8.30 p.m. subject to any conditions to be prescribed for the same.

2. Petitioner is the Secretary of the Kalladathur Desom Vedikettu Committee, in connection with the festival of Kalladathur Bhagavathy Temple for which public display of fire works is proposed to be conducted on 16.2.2024 between 6.30 p.m. to 8.30 p.m. Petitioner submits that for the previous years festival, i.e till 2023, permission was accorded by the authorities for the conduct of fireworks in connection with the festival. Petitioner on the strength of Exts.P1 to P4 submits that the public display of fireworks is done in accordance with law. He has also obtained Ext.P5 valid insurance for conduct of the fireworks. In spite of all these compliances, the application has been WP(C) No.6028 of 2024 3 rejected as per Ext.P6. It is aggrieved by the same the petitioner has approached this Court. Petitioner further submits that in similar circumstances this Court has interfered and has granted orders as is evident from Exts.P7 to P12.

3. When the matter came up for consideration on 15.02.2024 this Court has posted the matter to this date (16.02.2024) for getting instructions from the learned Government Pleader. A detailed instruction was submitted by the learned Government Pleader which was obtained from the 3rd respondent Additional District Magistrate, wherein it is stated that an application for obtaining LE-6 licence for display of fireworks was received by the authority on 04.12.2023 and that LE-6 licence for display of fireworks can be granted only as per the norms suggested by the Deputy Chief Controller of Explosives, PESO in the letter dated 01.02.2023. Since there was no storage centre approximately at a distance of 100 metres from the site proposed for fireworks and the magazine does not satisfy the criteria cited in the specification no.3 of Schedule VII of the Explosives Act, 2002 and that the risk assessment plan, on-site emergency plan of the proposed site chosen for fireworks has not been prepared with the help of a reputed agency and since the compliance of the abovesaid norms were not specified in the application, the applicant was given a direction to produce the above vide office letter WP(C) No.6028 of 2024 4 no.DCPKD/15309/2023-D3 dated 07.12.2023. The District Police Chief, Palakkad has reported that the licensee who contracted the fireworks was found to be involved in Crime No.70 of 2023 registered under Sections 286, 308 and 304 read with Section 34 of the Indian Penal Code and Section 9(B)1(a) and 9(B)1(b) of the Explosives Act and Crime No.71 of 2023 registered under Section 151 of the Code of Criminal Procedure, of Varappuzha Police Station, Ernakulam District. It is also reported that the applicant has not fully complied with the guidelines issued by the PESO and no explosive magazine is seen set up at the proposed plot for the safe and secure storage of the explosives and further that, according to the intelligence input, chances of using excess amount of explosives and crackers for the display also cannot be ruled out and that the unsafe and excess handling of explosives will invite fire accidents and other mishaps and therefore, the District Police Chief did not recommend for fireworks display on security point of view. Based on the said report, another chance for hearing was afforded to the petitioner on 08.02.2024. It is submitted that though the petitioner was intimated as per communication dated 07.12.2023 for rectifying the defects pointed out, the same defects still continue without being rectified and it is in the said circumstances that the application has been rejected. WP(C) No.6028 of 2024 5

4. The public display of fireworks is scheduled to be held on

16.02.2024, today, but the petitioner came up with the writ petition on

15.02.2024. True, the impugned order was issued only on 13.02.2024. But another crucial aspect to be considered is that though the petitioner was directed as per letter dated 07.12.2023 to cure the defects, the same has not been cured yet. Since the proposed display of fireworks is scheduled to be held on the evening on 16.02.2024, it will not be possible to rectify the defects that has been noted in Ext.P6 and the authorities will not be in a position to monitor and issue additional directions so as to ensure safety of the public who will be gathering there to watch the public display of fireworks.

5. This Court in Ciby George v. Kochi Metro Rail Limited, 2023 KHC OnLine 539 has held that issuance of writs of certiorari and mandamus are clearly discretionary and that the power of discretion retaining with the constitutional courts also empowers the court to refuse the relief, even if a ground has been made out, in supervening public interest and when the grant of relief would be detrimental to good administration. The delay in issuance of the order cannot be taken into consideration for grant of relief in the facts and circumstances of this case inasmuch as the defects on which the application was rejected was intimated to the petitioner as early as on

07.12.2023, but the same has not been cured by the petitioner WP(C) No.6028 of 2024 6 resulting in issuance of the impugned order whereby the application has been rejected. Recently there are instances of various fire accidents in connection with the public display of fireworks which has even resulted in loss of lives. Taking all these aspects into consideration, I am not inclined to interfere with Ext.P6 and the writ petition is accordingly dismissed. VIJU ABRAHAM Sd/- JUDGE WP(C) No.6028 of 2024 7 APPENDIX OF WP(C) 6028/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 TRUE COPY OF THE APPLICATION FORM IN FORM AE-6 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT DATED 4.12.2023 TRUE COPY OF THE LICENSE IN FORM LE-1 DATED 1.8.2022 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 29.7.2022 NO.DCTSR/10413/2021/C6 TRUE COPY OF THE SITE PLAN FOR THE CONDUCT OF FIRE WORKS DISPLAY ON 16.2.2024 TRUE COPY OF THE INSURANCE POLICY DATED 26.12.2023 TRUE COPY OF THE ORDER NO.DCPKD/15309/2023/D3 DATED 13.2.2024 ISSUED BY THE 3RD RESPONDENT TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C) NO.5261/2020 TRUE COPY OF THE ORDER DATED 28.2.2022 IN WPC NO.6673/2022 TRUE COPY OF THE ORDER DATED 8.4.2022 IN WPC NO.13313/2022 TRUE COPY OF THE INTERIM ORDER IN WPC NO.3670/2023 DATED 9.2.2023 TRUE COPY OF THE INTERIM ORDER DATED 28.3.2023 IN WPC NO.10817/2023 TRUE COPY OF THE ORDER DATED 29.1.2024 IN WPC NO.3548/2024