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2026 Supreme(Online)(Ker) 8540

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
RATHEESH E. – Appellant
Versus
DISTRICT COLLECTOR – Respondent


JUDGMENT The petitioner has approached this Court aggrieved by Ext.P8 Order rejecting their application for permission to conduct the display of fireworks in connection with the festival of Kalladathur Bhagavathy Temple. The first reason stated in Ext.P8 is the absence of explosive magazine. In this regard, this Court has held in various judgments that permanent magazine as contemplated by Rule 113 of the Explosive Rules cannot be mandated for temporary events like the present one where display necessitated only for two days and that portable magazine would serve the purpose.

2. The second objection is with respect to non- production of the Risk Assessment Plan, Onsite Emergency Plan etc., which the petitioner would submit that the same were submitted subsequently. As regards the issue of expert agency, the submission made by the learned counsel for the petitioner that no expert agency notified by P.E.S.O. is available in Kerala and the only agency available is one Equinox based at Nagpur. Learned counsel would also point out that this issue has been considered by this Court in Ext.P12 Judgment at paragraph no.3, the benefit of which may be extended to the petitioner as well.

2.

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