IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE P.M.MANOJ, J
C. Haridas S/o C.P. Chathukutty – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
1. The petitioner, who is the President of Vela / Festival Committee of Chittilamchery Sree Cherunettury Bhagavathy Temple, has filed this writ petition seeking to quash Ext.P11 and to compel the respondents to grant permission to the petitioner to conduct fireworks display as requested by him in Ext.P4 application in connection with the festival in the Temple falling on 28.04.2025 and 29.04.2025.
2. The petitioner states that festival of this year commenced on 14.04.2025 and concludes on 29.04.2025. Display of fireworks in the evening of last day and the next morning of the festival, is an important custom in connection with the temple festival. The fireworks is practiced for more than 100 years.
3. More than 500 metres is maintained from the proposed place of fireworks display and place where public gathers for watching the display. Strong barricades will be constructed to keep the devotees at a safe distance of 500 metres. Nearby owners of paddy land and residents have given their consent for using their property, for fireworks display.
4. The petitioner submitted Ext.P4 application dated 05.02.2025 before the 2nd respondent seeking permission to conduct fireworks display
Longstanding customs, such as fireworks displays during temple festivals, can be upheld if accompanied by adequate safety measures and local consent.
Administrative decisions regarding public safety for fireworks displays must be substantiated and must honor previous precedents regarding compliance with safety regulations.
The court held that rejection of fireworks display licenses was invalid as petitioners complied with all requirements and similar past approvals existed.
Court validates portable magazines for fireworks and sets aside procedural objections limiting display permissions.
Authority must consider safety compliance in granting permission for public events involving explosives.
The fundamental rights to practice religion, the exemption granted to religious assemblies, and the need for regulatory measures to ensure public safety during religious festivals were central to the....
The court reiterated that prior judgments on fireworks permits can govern subsequent applications under similar circumstances.
The Court emphasizes the necessity for timely processing and approval of fireworks display applications to ensure public safety.
The necessity of a permanent explosive magazine is not applicable for temporary fireworks events under specific safety conditions.
Temporary fireworks displays require only portable magazines and can be conducted within stipulated guidelines without undue restrictions.
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