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 :
KAUSER EDAPPAGATH, J.
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 therefore, the same ought to have been allowe
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.
Public safety is paramount in licensing for fireworks displays, and timely submission of applications along with necessary safety plans is essential.
Portable magazines are adequate for temporary fireworks displays; requirements for permanent storage are not applicable.
Court validates portable magazines for fireworks and sets aside procedural objections limiting display permissions.
Longstanding customs, such as fireworks displays during temple festivals, can be upheld if accompanied by adequate safety measures and local consent.
The court reiterated that prior judgments on fireworks permits can govern subsequent applications under similar circumstances.
The court emphasizes the importance of prior judgments in evaluating applications for fireworks displays, ensuring compliance with specific safety conditions.
Temporary fireworks displays require only portable magazines and can be conducted within stipulated guidelines without undue restrictions.
The absence of a permanent magazine is not a barrier for temporary fireworks displays; proper safety documentation can suffice.
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