Longstanding customs, such as fireworks displays during temple festivals, can be upheld if accompanied by adequate safety measures and local consent.

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 2^nd respondent seeking permission to conduct fireworks display on 28^th and 29^th of April, 2025. The 3^rd respondent called for reports from Tahsildar, District Police Chief and local authority. The local authority has informed that it has no objection in the conduct of fireworks display. The 3^rd respondent, however, passed Ext.P11 order dated 10.04.2025 rejecting Ext.P4 application.

5. The petitioner states that Ext.P11 order is illegal, arbitrary and unsustainable. The 3^rd respondent has not considered the fact that fireworks display is an integral part of the temple festival and temple custom. The petitioner should therefore be permitted to carry out fireworks display.

6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

7. From the pleadings in the writ petition, I find that the fireworks display will be in a ground, 500 metres away from the area occupied by devotees. The nearby land owners and residents have given their consent which is evident from Exts.P1 to P3. The petitioner has entered into an agreement with a licenced fireworks manufacturer.

8. The petitioner has produced site plan which shows risk assessment. The petitioner has taken public liability from National Insurance Company Limited. The petitioner also has submitted an undertaking before the 3^rd respondent ensuring safety of the premises by erecting barricades.

9. In the year 2016, when permission was declined for fireworks display, the petitioner filed W.P. (C) No.15857/2016. This Court directed the respondents to grant permission. For the year 2019 also, this Court granted an interim order dated 11.04.2019 in W.P. (C) No.11060/2019 permitting the Committee to conduct fireworks display for the festival. In the year 2022, in W.P. (C) No.14442/2022, this Court directed the 3^rd respondent to reconsider the application, pursuant to which permission was granted by the 3^rd respondent. In the year 2023 also, this Court directed the respondents to reconsider the application.

10. Taking into consideration all the above facts, I am of the view that the petitioner can be permitted to conduct display of fireworks, limiting the quantity to a maximum of 15 Kg. It is made clear that the petitioner shall not use prohibited fireworks. The Police Department as well as the Additional District Magistrate shall supervise the fireworks display. All other conditions in the Explosives Act and Rules shall also be followed. Ext.P11 is set aside.

11. The writ petition is disposed of as above.