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2026 Supreme(Online)(Ker) 12827

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
T.KALADHARAN – Appellant
Versus
DISTRICT COLLECTOR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.L.RAJESH NARAYAN, SMT.KEERTHANA SARIGA T.S.
For the Respondents: SMT.GAYATHRI KRISHNAN, CGC GP-SRI.AJITH VISWANATHAN

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

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