The court confirmed that summary dismissals of fireworks display sanctions, based on misapplied rules and absence of specified requirements, are unwarranted.

JUDGMENT The petitioner is aggrieved by Ext.P8 Order, which refused sanction for display of fireworks, in connection with the festival of ‘Mandatha Mazoor Bhagavathy Temple’, scheduled to be conducted on 26.02.2026 between 6 P.M. to 7 P.M.

2. The reasons stated in Ext.P8 are as follows:

The first is that the application was not filed 60 days prior to the festival, a mandate which cannot be traced to any Rules, or document having the force of law. The requirement as per the Rules pertaining to LE-6 licence is that an application has to be filed 15 days prior to the event scheduled.

3. The second is with respect to the absence of explosives magazine, which against is a contention, which has been rejected by this Court in a series of judgments, pointing out that, for a temporary event like the festival of a temple, a portable magazine would suffice.

5. The third is with respect to the absence of an onsite emergency plan and risk assessment plan by an agency approved by P.E.S.O. This, again, is a condition, which has been frowned upon by this Court, on the premise that there is no agency approved by P.E.S.O. in the State of Kerala. The nearest one is at Nagpur.

6. The last reason stated in Ext.P8 is the paucity of time for conducting test on the sample, which issue can be plugged by giving appropriate directions.

7. In the circumstances, Ext.P8 will stand set aside. The 3^rd respondent/Additional District Magistrate will stand directed to issue licence in Form-LE-6 to the petitioner to conduct public display of fireworks on 26.02.2026 between

6 P.M. to 7 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.

5. As regards the inspection dealt with in objection no.4 in Ext.P8, the petitioner will make available the sample of the crackers before 5 P.M. today 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. tomorrow (25.02.2026) and 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 forthwith.

This Writ Petition will stand disposed of as above.

Sd/-