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2026 Supreme(Online)(Ker) 13448

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SREE MARATTIL KOTTARAM BHAGAVATHI DEWASOM THEKKE CHERUVARAM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.N.ANAND, SHRI.RAJESH O.N., SHRI.AMEER SALIM, SHRI.SADIQ NAZAR, SHRI.ROY ANTONY
For the Respondents: ADV.DEEPA NARAYANAN

J U D G M E N T

Dated this the 26th day of February, 2026 Petitioners are aggrieved by Ext.P9 Order of the District Collector/Additional District Magistrate, which refused permission to the petitioners for display of fireworks in connection with the festival of 'Marattil Kottaram Bhagavathi Dewasom Temple'. Several reasons are referred to in Ext.P9. The application posing challenge against Ext.P9 is seriously opposed by the learned Senior Government Pleader, as also, by a person who proposed to file an impleading petition, who would claim that he is a nearby resident.

2. Ext.P9 is sought to be assailed by the learned counsel for the petitioners for the alleged violation of Rule 114 of the Explosives Rules , 2008, which mandates the

2nd respondent/District Collector to notify the objections and to hear the applicant, in case the permission sought for is found liable to be rejected. The said procedural safeguard has not been complied with, is the essential grievance. Learned counsel would submit that, insofar as the dwelling houses which are available within the prohibited distance, the petitioners have obtained subsequently, the Non Objection Certificates from the respective owners

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