Authority must consider safety compliance in granting permission for public events involving explosives.

JUDGMENT

The petitioner Devaswom Board approached this Court, aggrieved by Ext.P11 Order issued by the 3^rd 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 between 08.00 p.m. and 10.00 p.m. on one day, and on 03.00 a.m. on another day. Obviously, at that time, the school will not be open. The owners of the petrol pump have also agreed to keep the pump closed at that time, is the submission.

3. As regards the second objection of maintaining 100 meters distance between the place of display and the spectators, learned counsel would submit that the same was maintained in the display in connection with the festival of the previous year. Necessary barricading was also done. In fact, the place of fire display was changed last year, so as to maintain the above distance. Learned counsel would submit that the same course can be adopted this year as well.

4. As regards the above submissions, learned Government Pleader has no quarrel, insofar as the concerns are addressed as indicated above. Learned Government Pleader would submit that the conditions, which were stipulated in Ext.P9 Order issued in connection with the last year's festival, can be incorporated and retained in this Order.

5. In the above circumstances, this Court directs the 3^rd respondent/Additional District Magistrate to issue necessary Orders, permitting the petitioner to conduct the fire display in connection with the temple festival, subject to the following conditions:

i. The petitioner shall be permitted to carry out fireworks display on 29.01.2026 and 31.01.2026 using the same number of fireworks permitted in Ext.P7 Order, for the dates 29.01.2026 and

31.01.2026 respectively.

ii. Since no magazine/store room is maintained, the Authorities shall ensure that the fireworks is carried out only with help of the portable magazine, which is brought in at the time of fireworks.

iii. The authorities of the Revenue Department, Fireworks, Fire and Safety Department and Police Department shall deploy competent officers to ensure that the fireworks is conducted smoothly in accordance with the license and using only the items permitted in this Order.

iv. The Officers of the Fire and Safety Department shall identify the places where the barricades are to be placed for maintaining the distances between the spectators and the area where the display is to be conducted and the petitioner shall ensure that barricades are put up at those places. It shall be ensured that no person is permitted to enter into the prohibited area, except those persons who are performing the fireworks display.

v. The petitioner will produce necessary consent from the Lakshmi Hospital and the Jomer Srinilayam apartment, before the competent authority. T