IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
JOSHY PUTHIRIKKAL – Appellant
Versus
DISTRICT COLLECTOR – Respondent
WP(C) NO. 4694 OF 2026
| Table of Content |
|---|
| 1. the necessity of prompt action regarding fireworks applications. (Para 1 , 2 , 3) |
| 2. issues regarding the rejection of the fireworks application. (Para 4 , 5 , 6) |
| 3. opportunity for the petitioner to satisfy safety requirements. (Para 7) |
JUDGMENT
Before considering the merits of the matter, this Court notice that, in an application preferred as early as on 08.12.2025, an Order has been passed only yesterday (05.02.2026), when the display of firework stands scheduled on 08.02.2026 and 09.02.2026. This Court finds inordinate delay in dealing with the application, no matter whether this is deliberate or otherwise.
2. In the circumstances, this Court requested the presence of the learned Additional Advocate General and appraised him of the gravity of the situation. Learned Additional Advocate General would ensure that, apart from complying with the directions contained in the judgment in W.P.(C).No.4380/2026, oral instructions can be issued forthwith to all the District Collectors to deal with applications for display of fireworks with reasonable dispatch. The submission made by the learned Additional Advocate General is recorded. Learned Additional Advocate General would also graciously undertake to communicate the Order passed in W.P.(C).No.4380/2026 to all the District Collectors.
3. With this prelude, this Court will address the issues involved in this matter.
4. Petitioner is aggrieved by Ext.P8 Order of rejection, as per which, the petitioner’s request for permission for display of fireworks in connection with the Ambu Perunal of the St.Mary’s Forouna Church has been dismissed. The reasons which are taken stock of in rejecting the petitioner’s application are enumerated in page No.3 of the impugned Ext.P8 Order.
5. As regards the first objection with respect to absence of the magazine, this Court has already opined that a permanent magazine may not be insisted upon for a temporary event of display for a specified number of days, which in the instant case is for two days.
6. As regards the second ground, it is the contention of the learned counsel for the petitioner that the risk assessment report and the onsite emergency plan are readily available with the petitioner and the same can be produced before the 3rd respondent/A.D.M. by 10 A.M. tomorrow (07.02.2026).
7. As regards objections 4 and 5, learned counsel would rely on Ext.P5 plan, which would satisfy the distance criteria, as required by the statute and rules. It is the submission made by the learned counsel for the petitioner that the same can also be submitted before the 3rd respondent/A.D.M. by 10 A.M. tomorrow (07.02.2026).
8. In the circumstances, the 3rd respondent will stand directed to consider the records being submitted by the petitioner in support of his application for permission and if the 3rd respondent is satisfied of the requirements, necessary permission will be granted for display of fireworks on 08.02.2026 and 09.02.2026. The petitioner will produce the afore referred records before the 3rd respondent by 10 A.M.
tomorrow (07.02.2026).
This Writ Petition will stand disposed of as above.
Sd/-
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.