Court clarifies regulatory requirements for fireworks display permissions and aligns with prior rulings on essential conditions.

JUDGMENT

[WP(C) Nos.5284/2026, 5304/2026, 5342/2026, 5350/2026]

These Writ Petitions pertains to rejection of a permission sought for by the respective petitioners for display of fireworks in connection with the festival of the ‘Machad Mamankam’ at Thrissur. Four different desom by name Manalithara desom, Karumathra desom, Thekkumkara desom and Virupakkam desom have applied for necessary permission for display of fireworks on different dates, at different times. The permission sought for is refused for the common reasons of (1) not having a permanent magazine, (2) absence of an access to the barren paddy field, where the display is scheduled and (3) absence of an onsite emergency and risk assessment plan by an agency approved by P.E.S.O.

2. One additional objection is seen picked up in W.P(C).Nos.5304/2026 and 5342/2026, which is to the effect that the licence of the operator had expired.

3. Having heard the learned counsel for the petitioners, the learned Government Pleader and the learned C.G.C, this Court notice that a permanent magazine cannot be insisted upon, as held by this Court in several judgments and that a portable magazine would suffice, which the petitioners are ready to arrange. As regards absence of the above referred certificates by an agency approved by P.E.S.O., this Court took stock of the situation in the judgment in W.P.(C).No.22997/2024 and held that there is no agency, approved by P.E.S.O, except the one by name 'Equinox' at Nagpur. Therefore, the said objection also cannot be upheld. The third is with respect to the absence of an access, which is also found to be incorrect, as could be seen from Ext.P5 plan, which depicts the existence of 4.5 meter wide road on the eastern side. The last objection is the expiry of the licence of the operator, where also has to be discounted for the reason that the licence has been renewed subsequently, as could be seen from Exts.P3 and P4.

4. In the circumstances, the 3^rd respondent/Additional District Magistrate will stand directed to issue necessary permission to the petitioners in these four Writ Petitions for display of of fireworks on the dates and time specified in their application filed by the respective petitioners, subject to the following conditions:

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

(ii) The petitioners 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) In case of violation of any of the conditions, it will be open to the A.D.M or other competent officials to take appropriate action in accordance with law.

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

5. As regards the inspection of sample, the respective petitioners will produce sample crackers before the 3^rd respondent by 10.00 am tomorrow (13/2/2026). The 3^rd respondent will stand directed to receive the sample and to do the needful for testing/ identification of the same, so as to ascertain whether there is any objectionable material. The effort shall be completed by 5.00 pm on 14/2/2026. The licence directed to be granted will be subject to the result of the testing/verification.

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