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2025 Supreme(Online)(KER) 11432

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946 WP(C) NO. 5412 OF 2025 PETITIONER:

HMDP SABHA VADAKKEKARA REPRESENTED BY ITS SECRETARY K.S BALASUBRAHMANION AGED 72 YEARS, S/O K.N SANKARANARAYANAN, KALAVAMPARA, MADAPLATHURUTH MOOTHAKUNNAM.P.O, PIN – 683 516.

BY ADVS.

SRI. C.S.AJITH PRAKASH SRI. T.K.DEVARAJAN SRI. BABU M.

SMT. ANCY THANKACHAN SRI. XAVIER K.K.

SMT. KRISHNENDU.D SRI. M.B.SOORI RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

2 THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD ERNAKULAM, PIN – 680 230.

3 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM KOCHI, PIN – 682 037.

BY ADV SMT. DEEPA NARAYANAN. SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

12.02.2025, ALONG WITH WP(C).5721/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946 WP(C) NO. 5721 OF 2025 PETITIONER:

HMDP SABHA VADAKKEKARA REPRESENTED BY ITS SECRETARY K.S BALASUBRAHMANION AGED 72 YEARS, S/O K.N SANKARANARAYANAN, KALAVAMPARA, MADAPLATHURUTH MOOTHAKUNNAM.P.O, PIN – 683 516.

BY ADVS.

SRI. C.S.AJITH PRAKASH SRI. T.K.DEVARAJAN SRI. BABU M.

SMT. ANCY THANKACHAN SRI. XAVIER K.K.

SMT. KRISHNENDU.D SRI. M.B.SOORI RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

2 THE DISTRICT COLLECTOR ERNAKULAM COLLECTORATE, KAKKANAD ERNAKULAM, PIN – 680 230.

3 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM KOCHI, PIN – 682 037.

4 DISTRICT POLICE CHIEF, ERNAKULAM RURAL OFFICE OF THE DISTRICT POLICE CHIEF, ERNAKULAM OPP. POWER HOUSE, ALUVA, KERALA, PIN – 683 101.

5 DISTRICT FIRE OFFICER, ERNAKULAM OFFICE OF THE DISTRICT FIRE OFFICER, ERNAKULAM NEAR FIRE STATION, GANDHI NAGAR, ELAMKULAM, KOCHI, KERALA, PIN – 682 020.

6 THASILDAR NORTH PARAVUR OFFICE OF THE THAHSILDAR, NORTH PARAVUR ERNAKULAM, PIN – 683 513.

BY ADV SMT. DEEPA NARAYANAN. SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2025, ALONG WITH WP(C).5412/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAVI, J.

---------------------------------

W.P.(C). Nos. 5412 of 2025 & 5721 of 2025 ---------------------------------

Dated this the 12th day of February, 2025

JUDGMENT

These two writ petitions are filed requesting a permission for carrying out the fireworks display.

2. Since the rejection has been at the last moment, it is difficult for them to comply with the conditions in the licence at the late hour and hence requested for permission to withdraw the writ petitions, without prejudice to the contentions of the petitioners.

The writ petitions are hence dismissed as withdrawn without prejudice to the contentions of the petitioners.

Sd/-

T.R. RAVI, JUDGE S.M.K.

APPENDIX OF WP(C) 5721/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE OF THE FESTIVAL OF THE MOOTHAKUNNAM SREENARAYANAMANGALAM TEMPLE DATED NILL EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED NILL SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT MAGISTRATE, ERNAKULAM ALONG WITH THE COVERING LETTER DATED 19-10-2024 EXHIBIT P3 THE TRUE COPY OF THE RECEIPT DATED 21-10-

2024 ISSUED FROM THE OFFICE OF THE DISTRICT MAGISTRATE 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 29-11-2024 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 DOCTORS MEDICAL LAB, MOOTHAKUNNAM DATED NIL EXHIBIT P9 THE TRUE COPY OF THE CONSENT ISSUED BY THE PRINCIPAL OF SNMHSS MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P10 THE TRUE COPY OF THE CONSENT ISSUED BY THE PRINCIPAL OF SNM TRAINING COLLEGE EXHIBIT P11 TRUE COPY OF THE CONSENT ISSUED BY THE PROPRIETOR OF FEMINA BEAUTY PARLOUR, MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P12 THE TRUE COPY OF THE CONSENT ISSUED BY THE PROPRIETOR OF 'KALAVAMPARA MEDICALS'

DATED 15-10-2024 EXHIBIT P13 THE TRUE COPY OF THE CONSENT ISSUED BY THE PROPRIETOR OF 'KALATHUNGAL TRADERS'

DATED 15-10-2024 EXHIBIT P14 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORISED PERSON OF THE 'OUSHADI', MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P15 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORISED PERSON OF THE 'KRISHNA BOOKS' MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P16 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORISED PERSON OF 'CHITHIRA LADIES TAILORING' MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P17 THE TRUE COPY OF THE CONSENT ISSUED BY THE AUTHORIZED PERSON OF 'MTC'

MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P18 THE TRUE COPY OF THE CONSENT ISSUED BY THE SHOP OWNER ULLAS T.B, MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P19 THE TRUE COPY OF THE CONSENT ISSUED BY THE SHOP OWNER T.S SURESH, MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P20 THE TRUE COPY OF THE CONSENT ISSUED BY THE SHOP OWNER SHELTAR.V.A, MOOTHAKUNNAM EXHIBIT P21 THE TRUE COPY OF THE CONSENT ISSUED BY SUB POST MASTER, MOOTHAKUNNAM DATED 15-

10-2024 EXHIBIT P22 THE TRUE COPY OF THE CONSENT ISSUED BY THE SHOP OWNER M.R. BINOY, MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P23 THE TRUE COPY OF THE CONSENT ISSUED FORM THE COMMUNITY HEALTH CENTRE, MOOTHAKUNNAM DATED 15-10-2024 EXHIBIT P24 THE RELEVANT PAGE OF THE EXPLOSIVES RULES, 2008 SPECIFYING THE CATEGORIES OF LE-3 LICENCE EXHIBIT P25 THE TRUE COPY OF THE LICENSE NO. 92/ALPY DATED 17-12-2001 RENEWED UP TO 31-03-2027 EXHIBIT P26 THE TRUE COPY OF THE ORDER DATED 06-02-

2023 IN W.P (C) NO. 3860 OF 2023 EXHIBIT P27 THE TRUE COPY OF THE ORDER NO. M.4-

10593/2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT P28 THE TRUE COPY OF THE INTERIM ORDER DATED

23-1-2024 IN W.P (C) NO. 2703/2024 OF THE HON’BLE HIGH COURT OF KERALA EXHIBIT P29 THE TRUE COPY OF THE ORDER NO.

DCEKM/10572/2023-M4 DATED 24-01-2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P30 THE TRUE COPY OF THE INTERIM ORDER DATED

10-11-2025 IN W.P (C) NO. 5412/2025 EXHIBIT P31 THE TRUE COPY OF THE ORDER NO.

DCEKM/11692/2024-M4 DATED 10-02-2025 APPENDIX OF WP(C) 5412/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE OF THE FESTIVAL OF THE MOOTHAKUNNAM SREENARAYANAMANGA

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