Permissions for temporary fireworks displays cannot be withheld based on strict regulations if adequate measures can be established.

JUDGMENT

W.P.(C).No.6462/2026, first above referred, pertains to the display of fireworks in connection with the festival of Mulanjur Bhagavathy Temple, whereas in W.P.(C).No.6519/2026 pertains to the display in connection with the festival of Sri Panikkanar Temple. In both these cases, the permission sought for by the petitioners was refused vide Ext.P8 Order, wherein common grounds have been canvassed. The first ground is the absence of a magazine, a ground which has been frowned upon by this Court in umpteen number of judgments holding that for a temporary event like the present festival, a portable magazine would suffice. The said ground will, therefore, crumble to the ground.

2. The second ground is the absence of On-Site Emergency Plan and Risk Assessment Reports certified by an agency approved by P.E.S.O. In this regard, also, this Court has taken stock of the fact that there is no such agency available in Kerala, and that the nearest agency is the one available at Nagpur, by name, Equinox. Therefore, the said ground also cannot stand in the way of the petitioners.

3. The third ground is with respect to shortage of time to test a sample. The same can be redressed by giving appropriate directions. Accordingly, these Writ Petitions will stand allowed, subject to the following directions:

(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 A.D.M. or other competent officials to take appropriate action in accordance with law.

4. As regards the inspection dealt with in objection no.3 in Ext.P8, the petitioner will make available the sample of the fancy crackers before 5 P.M. today to the 3rd respondent. The 3rd 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. tomorrow (21.02.2026) and the licence directed to be granted will be subject to the result of the testing/verification.

These Writ Petitions will stand disposed of, as above.

Sd/-