IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath
Dinesan C.V, S/o Viswanathan – Appellant
Versus
District Collector , First Floor, Civil Station, Civil Lines RD, Kalyan Nagar, Ayyanthole, Thrissur – Respondent
JUDGMENT :
[WP(C) Nos.16473, 16489, 16547, 16560, 16587 & 16735/2024]
These writ petitions have been filed challenging the order passed by the Additional District Magistrate rejecting the applications filed by the petitioners for approval/grant of licence for public display of fireworks in connection with the festival of the temple.
2. WP(C) Nos.16473, 16489, 16547, 16560 and 16587/2024 pertain to the festival of Parakkottukavu Devi Temple, whereas WP(C) No.16735/2024 pertains to the festival of Moonunni Kavu Temple. The impugned order in all the writ petitions has been marked as Ext.P7. The impugned order in WP(C) Nos.16473, 16489, 16547, 16560 and 16587/2024 was passed by the Additional District Magistrate, Thrissur, whereas the impugned order in WP(C) No.16735/2024 was passed by the Additional District Magistrate, Palakkad. The public display of fire work is proposed to be conducted on various days from 5th May 2024 to 13th May 2024.
3. According to the petitioners, the fireworks are proposed to be conducted by licenced contractor who possesses a valid licence and they have complied with all conditions and submitted all the relevant documents along with the applications and therefor
The court held that rejection of fireworks display licenses was invalid as petitioners complied with all requirements and similar past approvals existed.
Administrative decisions regarding public safety for fireworks displays must be substantiated and must honor previous precedents regarding compliance with safety regulations.
Temporary fireworks displays do not require permanent magazines; valid alternatives exist for safety compliance.
Court emphasizes that a permanent magazine is not required for temporary fireworks events. Risk assessment agencies are not locally available.
Public safety is paramount in licensing for fireworks displays, and timely submission of applications along with necessary safety plans is essential.
Equal treatment under law for similar cases concerning issuance of fireworks display permits.
Refusals for fireworks display permissions unsustainable if prior judgments addressed grounds; grant subject to safety conditions.
Permissions for temporary fireworks displays cannot be withheld based on strict regulations if adequate measures can be established.
Court clarifies regulatory requirements for fireworks display permissions and aligns with prior rulings on essential conditions.
Permission for fireworks display cannot be denied based solely on police apprehension when all procedural requirements are met.
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