Portable magazines are adequate for temporary fireworks displays; requirements for permanent storage are not applicable.

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. This Court finds force in the submission made by the learned counsel for the petitioner and therefore, the second objection also cannot stand in the way of the petitioner.

3. The third is with respect to the alleged failure on the part of the petitioner to produce the samples. This Court notice that the samples would be produced as a matter of practice after getting the permission and this Court used to direct the samples to be furnished on a particular date and tested, ahead of the display scheduled.

4. In the circumstances, there will be a direction to the 3^rd respondent/A.D.M. to issue the permission to the petitioner to conduct public display fireworks on 13.02.2026 between 7 P.M. and 9 P.M. subject to the following conditions:

(i) The petitioner shall produce portable magazine/magazines to the satisfaction of the authorities for the storage of the fire works.

(ii) The petitioner shall satisfy all other requisite conditions for fireworks display under LE-6 licence to the satisfaction of the authorities.

(iii) Before commencement of the fireworks display, barricades shall be put up at a distance of 100 metres of the display point on all sides and no one except the persons who are performing fire works display shall be permitted into the prohibited area of 100 metres.

(iv) The quantity of the fireworks shall be limited to 15 kilograms.

(v) The police department and other statutory authorities shall supervise the entire fireworks display and issue necessary directions, if necessary.

(vi) In case of violation of any of the conditions, it will be open to the ADM or other competent officials to take appropriate action in accordance with law.

(vii) As regards the inspection dealt with in objection no.4 in Ext.P8, the petitioner will make available the sample of the fancy crackers at 11 A.M. on 11.02.2026 to the 3^rd respondent. The 3^rd respondent will stand directed to receive the samples and to do the needful for testing/identification of the same to ascertain whether there is any objectionable material in the crackers. This effort shall be completed by 6 P.M. on 12.02.2026 and the licence directed to be granted will be subject to the result of the testing/verification.

The learned Government Pleader will inform the gist of the judgment to the 3^rd respondent/Additional District Magistrate forthwith.

This Writ Petition will stand disposed of as above.

Sd/-