IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON &

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940 WP(C).No. 9250 of 2018 PETITIONER:

ARATTUPUZHA KSHETHRA UPADESAKA SAMITHY, P.O. ARATTUPUZHA, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, A.G.GOPI, AGED 55 YEARS, S/O.GOVINDAN, RESIDING AT ARATTUPUZHA HOUSE, P.O. ARATTUPUZHA, THRISSUR-680 562.

BY SRI.K.RAMAKUMAR,SENIOR ADVOCATE ADVS.SRI.T.RAMPRASAD UNNI SRI.S.M.PRASANTH SRI.N.K.SUBRAMANIAN SMT.ASHA BABU SRI.G.RENJITH SMT.R.S.ASWINI SANKAR SRI.T.H.ARAVIND RESPONDENT(S):

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

2. THE DISTRICT COLLECTOR, THRISSUR-680 001.

3. ADDITIONAL DISTRICT MAGISTRATE, THRISSUR-680 001.

4. THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR-680 020.

5. THE CIRCLE INSPECTOR OF POLICE, CHERPU POLICE STATION,THRISSUR-680 561.

2/-

WP(C).No. 9250 of 2018

6. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, KOCHI-682 037.

R1 TO R3,R5 BY GOVERNMENT PLEADER SRI.E.S.ASHRAF R4 BY SRI.AJITH KRISHNAN, SC, SRI.K.P.SUDHEER, SC, R6 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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22/3/2018 WP(C).No. 9250 of 2018 (E)

APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 COPY OF THE SKETCH LOCATION ALONG WITH THE REPORT OF THE VILLAGE OFFICER DATED 06/03/2017.

EXT.P2 COPY OF THE ORDER DATED 26/03/2007 IN W.P(C)

NO.72/1998 ON THE FILE OF THE SUPREME COURT OF INDIA.

EXT.P3 COPY OF THE ORDER DATED 14/04/2016 IN W.P(C)NO.14978/2016.

EXT.P4 COPY OF THE APPLICATION ALONG WITH COVERING LETTER DATED 01/03/2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P5 COPY OF THE JUDGMENT DATED 28/03/2017 IN W.P.(C) NO.10133/2017.

EXT.P6 COPY OF THE CIRCULAR DATED 19/02/2018 ISSUED BY THE 6TH RESPONDENT.

EXT.P7 COPY OF THE MINUTES OF THE MEETING HELD ON 04/03/2018.

RESPONDENT'S EXHIBITS: NIL /TRUE COPY/

P.S.TO JUDGE sts

22/3/2018 P.R.Ramachandra Menon &

Devan Ramachandran, JJ.

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W.P.(C)No.9250 of 2018 E -------------------------------------------------------

Dated this the 22^nd day of March, 2018

JUDGMENT

Ramachandra Menon, J.

The laxity on the part of the competent authority in considering and passing appropriate orders for enabling the petitioner to conduct the fire works display in connection with Arattupuzha Pooram scheduled to be held on 23.03.2018, 28.03.2018 and 29.03.2018 is the subject matter of challenge in this writ petition.

2. Heard Sri.K.Ramakumar, the learned Senior Counsel appearing on behalf of the petitioner, Sri.E.S.Ashraf, the learned Government Pleader appearing for the State/ Department, Sri.Vinu, the learned Central Government Counsel, who entered appearance on behalf of the sixth respondent and Sri.Ajith Krishnan, the learned Standing Counsel appearing on behalf of the Cochin Devaswom Board.

3. The case projected by the petitioner is that Arattupuzha Pooram is one of the old festivals in the country WPC 9250/18 2 and this time, it is the 1436^th annual event. It is also stated that the Pooram is significant and exclusive, in so far as there is a belief that all the Hindu Gods and Goddesses take part in the Pooram. It is for this reason that, almost all the Temples in Kerala and even the Temple at Kasi will remain closed early, so as to enable the deities to take part in the Pooram. The display of fire works is an integral part of the said festival and this was going on for centuries. The fire works display is stated as being performed by the petitioner, adhering to all the relevant provisions of law and the instructions being issued by the competent authorities from time to time. No untoward incident has occurred so far, by virtue of the prudent steps being taken by the petitioner, the authorities of the Temple/Devaswom and