IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE VIJU ABRAHAM, J
C.P. Sivadasan, S/o. Late Govindan Nair – Appellant
Versus
State Of Kerala, Represented By The Chief Secretary To Government, Government Secretariat, Thiruvananthapuram – Respondent
JUDGMENT :
(VIJU ABRAHAM, J.)
All these writ petitions are filed challenging orders passed by the Additional District Magistrate, whereby the application submitted by the petitioners for the issuance of LE-6 licence has been rejected.
2. In W.P.(C) Nos.10984, 11108 & 11135 of 2024, one of the reasons stated by the respondents for rejecting the application is that the petitioners have not submitted the application two months prior to the scheduled fire works display and that no sufficient time was available to conduct the risk assessment study and prepare a disaster management plan and to take necessary steps to make arrangements to tackle with any untoward incident that might happen during the fireworks display. Further objection raised by the additional District Magistrate in all these cases is that no magazine as stipulated by the PESO is made available and that the petitioners have not submitted the risk assessment plan as well as the on-site emergency plan. Yet another objection raised is that the samples of the explosives have not been verified so as to find out whether there are any objectionable ingredients have been used while manufacturing the explosives.
3. The learned Govern
Public safety is paramount in licensing for fireworks displays, and timely submission of applications along with necessary safety plans is essential.
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.
Temporary fireworks displays do not require permanent magazines; valid alternatives exist for safety compliance.
Refusals for fireworks display permissions unsustainable if prior judgments addressed grounds; grant subject to safety conditions.
The absence of a permanent magazine is not a barrier for temporary fireworks displays; proper safety documentation can suffice.
Prior judgments bind authorities; standard objections to fireworks permissions for festivals unsustainable, allowing conditional approvals.
The court confirmed that summary dismissals of fireworks display sanctions, based on misapplied rules and absence of specified requirements, are unwarranted.
The court emphasized the need for compliance with regulatory requirements for public safety when allowing fireworks displays.
Court emphasizes that a permanent magazine is not required for temporary fireworks events. Risk assessment agencies are not locally available.
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