ARIJIT PASAYAT, K.S.RADHAKRISHNAN
Anand Parthasarathy – Appellant
Versus
State of Kerala – Respondent
Arijit Pasayat, C.J.
These two petitions are inter-linked and, therefore, shall be governed by this common judgment. Petitions are stated to have been filed in public interest. According to petitioner, uncontrolled and unregulated use of explosives results in sound pollution. Fireworks used in connection with festivals and other purposes in Kerala have added to sound pollution which cause health hazards. Though Explosives Act, 1884 (in short, 'the Act') has been enacted to regulate activities in connection with use of explosives, there are flagrant violations thereof. It is submitted that format which is required to be used by persons when they desire to purchase and use fireworks in tune with R.155 of Explosives Rules, 1983 (in short, 'the rules') in Form No. 29 was hardly used and complied with. By way of illustration, it is submitted that in Adampillykkavu Bhagavathy Temple at Tripunithura, there is flagrant violation of the statutory provisions and authorities are not taking effective steps to stop sound pollution. A copy of Gazette of India (Extraordinary) notification No. 488 dated 5.10.1999 has been submitted to show that corresponding GSR 682(E) has been issued o
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