Court validates portable magazines for fireworks and sets aside procedural objections limiting display permissions.

JUDGMENT

Under challenge in this Writ Petition is Ext.P8 Order, which refused a permission sought for by the petitioner for display of fireworks in connection with the festival of ‘Kumbachowwa Mahotsavam’ in the ‘Chathamkulangara Bhagavathy Temple’. The first reason stated in Ext.P8 is with respect to the absence of a permanent magazine, a condition which has been dispensed with by this Court in several judgments, holding that a portable magazine would suffice.

2. The second objection is with respect to the absence of a risk assessment report and onsite emergency plan by the approved agency. This objection, again, has been repelled by this Court, taking stock of the fact that the approved agency is not available in Kerala and the nearest being the one at Nagpur.

3. Based on the third objection that there is little access to the place where the display is scheduled for vehicles to commute, this Court directed to the Village Officer concerned to ascertain and to submit when the matter is taken up in the afternoon session. After such exercise, it is submitted by the learned Government Pleader that there are as many as four access to the premises where the display is scheduled and the nearest one is at a distance of 150 meters, which road is having a width of four meters. Therefore, this objection also cannot stand in the way of permission sought for by the petitioner.

4. The last one is with respect to the non-availability of a distance of 100 meters between place of display and the place where barricades are to be established for the spectators to stand and watch the display. This cannot be correct going by the distance which is depicted in Ext.P5 sketch, whereby 150 meters is shown as a distance between the barricade and the proposed place of display.

5. In the circumstances, Ext.P8 will stand set aside and there will be a direction to the 3^rd respondent/A.D.M. to grant permission to the petitioner, subject to the appropriate conditions which the 3^rd respondent being fit and proper, so as to ensure safety. It is clarified that the quantity of explosives, which can be used for the purpose of display, shall not be more than 15 Kgs.

This Writ Petition will stand allowed as indicated above.

Sd/-