The court upheld the petitioner's right to conduct a fireworks display under specific conditions, emphasizing safety compliance.

JUDGMENT

Ext.P7 is under challenge, which refused petitioner’s application for display of fireworks, in connection with the festival of Sree Jagannatha Temple, Thalassery. A perusal of Ext.P7 would not indicate any specific reason, except referring to certain reports of the so called reporting authorities, based upon which, it is concluded that the display cannot be performed complying with the safety measures required.

2. Heard the learned Senior Counsel for the petitioner, duly instructed by the instructing counsel; and the learned Government Pleader.

3. Learned Government Pleader would submit that as per the instructions, the objection is to the effect that there are residential houses within the vicinity of 100 mts.

4. This Court, by interim order dated 24/2/2026, directed the Village Officer to ascertain the distance of the residential houses, as also, the railway station from the proposed place of display of fireworks. This Court also directed the Village Officer to point out an appropriate place to which the display can be shifted, in case, there is violation of the distance criteria.

5. Today, when the matter is taken up for consideration, learned Government Pleader would make available a report of the Village Officer, which would indicate that there is sufficient space available to erect barricades within a radius of 100 mts. The report also indicates that there are no Anganwadi centres, hospitals or similar institutions functioning within the said radius. The Village Officer’s report would also indicate that the railway station and the residence of one Sreejith is located at the distance of 250 mts from the propsoed site. That apart, the said Sreejith has signified no objection for display of fireworks.

5. In the circumstances, Ext.P7 will stand set aside.

The permission sought for by the petitioner will stand granted 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.

7. The learned Government Pleader will inform the gist of the judgment to the 3^rd respondent/Additional District Magistrate forthwith.

This WP(C) is disposed of as above.

Sd/-