IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
ERNAKULATHAPPAN DEVASWOM (COCHIN DEVASWOM BOARD) – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
The petitioner Devaswom Board approached this Court, aggrieved by Ext.P11 Order issued by the 3rd respondent/Additional District Magistrate, which refused permission for display of fireworks in connection with the annual festival of the Ernakulam Siva Temple. One reason stated in Ext.P11 is that a distance of 250 meters is not maintained between the place of display and a nursery school (Bhavans Bala Mandir), Lakshmi Hospital, and also an outlet of the Indian Oil Corporation. The said distance is also not maintained with respect to one apartment, by name, Jomer Srinilayam. Another objection picked up is the absence of 100 meters between the place where the explosives were stored and the spectators. To provide barricade, there is limitation with respect to space, is yet another objection made in Ext.P11.
2. In answer to the above objections, learned counsel for the petitioner would submit that necessary permission from the Lakshmi Hospital and the apartment by name Jomer Srinilayam can be submitted. As regards the Petrol Pump and the Bhavans Bala Mandir, the submission is that both these would remain closed at the relevant time of fireworks. The fireworks is being conducted
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