Back
2023 Supreme(Online)(KER) 6294
HIGH COURT OF KERALA
VIJU ABRAHAM, J
HMDP SABHA VADAKKEKARA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 3860/2023
C.S.AJITH PRAKASH, T.K.DEVARAJAN, M.B.SOORI BABU, M.NIDHIN RAJ, VETTIKKADAN ANCY, THANKACHAN GOURI KAILASH KRISHNENDU.D
Court confirmed that an issued license under interim order negates the necessity for further judicial proceedings in the matter.
Headnote:
License - Writ Petition - Act Section List - This case revolves around the provisions for licensing fireworks displays as governed by local regulations, where the court confirmed the interim order allowing the issuance of a license, effectively closing the writ petition.
Fact of the Case:
The petitioners sought clarification on the issuance of a license for fireworks display at a local festival after an interim order allowed a license to be granted, leading to the closure of the writ petition.
Finding of the Court:
The court acknowledged the grant of the necessary license pursuant to the interim order, concluding that no further orders were needed and thus closed the writ petition.
Issues: The main issue addressed was whether any further judicial intervention was required following the issuance of the fireworks display license.
Ratio Decidendi: The court interpreted the interim order effectively granting the fireworks display license as sufficient, meaning no further action was necessary from the court.
Final Decision: The writ petition is closed as the required license has been issued.
JUDGMENT
The learned counsel for the petitioners submitted that pursuant to the interim order passed by this Court on 06.02.2023, license have been granted by the 2nd respondent and that no further orders are required in this writ petition.
The aforesaid submission is recorded and the writ petition is accordingly closed.
Sd/- VIJU ABRAHAM JUDGE sm/
APPENDIX OF WP(C) 3860/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE OF THE FESTIVAL OF THE MOOTHAKUNNAM SREENARAYANAMANGALAM TEMPLE DATED 05-01-2023 Exhibit P2 A TRUE COPY OF THE APPLICATION DATED 10- 11-2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE DISTRICT MAGISTRATE, ERNAKULAM Exhibit P3 A TRUE COPY OF THE ORDER NO. M4-10593/2022 DATED 30-01-2023 ISSUED BY THE DISTRICT MAGISTRATE OF ERNAKULAM Exhibit P4 A TRUE COPY OF THE LE-6 LICENSE ISSUED BY THE DISTRICT MAGISTRATE DATED 07-02-2020 Exhibit P5 A TRUE COPY OF THE SITE PLAN FOR DISPLAY OF FIREWORKS SUBMITTED ALONG WITH EXT. P2 APPLICATION Exhibit P6 A TRUE COPY OF THE PUBLIC LIABILITY INSURANCE DATED 19-12-2022 ISSUED FROM THE ORIENTAL INSURANCE COMPANY LTD Exhibit P7 TRUE PHOTOGRAPH OF THE PAPER CRACKERS INTENDED TO BE USED IN THE FIREWORKS DISPLAY Exhibit P8 THE TRUE COPY OF THE CONSENT GIVEN BY THE MEDICAL OFFICER IN CHARGE OF COMMUNITY HEALTH CENTRE, MOOTHAKUNNAM DATED 12-10- 2022 Exhibit P9 THE TRUE COPY OF THE CONSENT ISSUED BY THE HEADMISTRESS OF G.L.P.B.S., MOOTHAKUNNAM DATED NIL Exhibit P10 THE TRUE COPY OF THE CONSENT ISSUED BY THE HEADMISTRESS OF S.N.M.H.S, MOOTHAKUNNAM DATED NIL Exhibit P11 TRUE COPY OF THE CONSENT ISSUED BY THE PROPRIETOR OF MAYOORAM FABRICS, MOOTHAKUNNAM DATED NIL Exhibit P12 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORISED PERSON OF "VANITHA BEAUTY FANCY" DATED NIL Exhibit P13 THE TRUE COPY OF THE CONSENT ISSUED BY THE PROPRIETOR OF "KALAVAMPARA MEDICALS" DATED NIL Exhibit P14 THE TRUE COPY OF THE CONSENT ISSUED BY THE PROPRIETOR OF "NAVEEN FRUITS" DATED NIL Exhibit P15 THE TRUE COPY OF THE CONSENT ISSUED BY THE REJISHA DATED NIL Exhibit P16 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORISED PERSON OF "KALATHINKAL TRADERS"
DATED NIL Exhibit P17 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORISED PERSON OF THE "OUSHADI", MOOTHAKUNNAM DATED NIL Exhibit P18 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORISED PERSON OF THE "KRISHNA BOOKS"
MOOTHAKUNNAM DATED NIL Exhibit P19 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORISED PERSON OF "ORANGE STORES"
MOOTHAKUNNAM DATED NIL Exhibit P20 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORISED PERSON OF "MOORTHI STATIONARY"
MOOTHAKUNNAM DATED NIL Exhibit P21 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORIZED PERSON OF "REKHA STUDIO"
MOOTHAKUNNAM DATED NIL Exhibit P22 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORIZED PERSON OF "VAIDYARETNAM OUSHADASALA" MOOTHAKUNNAM DATED NIL Exhibit P23 THE TRUE COPY OF THE CONSENT ISSUED BY THE PRINCIPAL IN CHARGE, S.N.M TRAINING COLLEGE MOOTHAKUNNAM DATED NIL Exhibit P24 THE TRUE COPY OF THE LICENSE NO.
5/24/1999/LE-5 DATED 16-04-2021
