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2026 Supreme(Online)(Ker) 13967

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
PARAMESWARAN.L – Appellant
Versus
DISTRICT COLLECTOR – Respondent
WP(C) NO. 7690 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.L.RAJESH NARAYAN, SMT.KEERTHANA SARIGA T.S.
For the Respondents: SR.GP-DEEPA NARAYANAN, DSGI-O.M.SHALINA.

Equal treatment under law for similar cases concerning issuance of fireworks display permits.

Headnote:Statute Analysis: The court analyzed the application for fireworks display under statutory provisions relevant to public safety. Facts of the Case: The petitioner sought permission to display fireworks for a temple festival, referencing prior permissions granted.

Findings of Court:
The court noted existing permissions to similar Desoms and set aside the refusal.

Issues: The court addressed whether similar permissions should apply consistently.

Ratio Decidendi: The court reinforced equality in treatment for similar cases and directed the issuance of a fireworks licence with conditions.

Result: Ext.P8 will stand set aside.

Table of Content
1. petitioner seeks fireworks display permission for festival. (Para 1 , 2)
2. court sets aside earlier refusal; conditions imposed for approval. (Para 4 , 5)

JUDGMENT

Ext.P8 order issued by the 3rd respondent is impugned in this Writ Petition. The same refused permission to the petitioner for display of fireworks in connection with Sree Chinakkathoor Bhagavathy Temple.

2. When this matter was taken up for consideration, learned Counsel for the petitioner would submit that in respect of the same temple and the same festival, permission has already been granted by virtue of the judgments produced at Exts.P11 and P12 by this Court in favour of two other Desoms. Therefore, similar treatment has to be extended to the Desom represented by the petitioner as well. Learned Counsel would submit that an Order similar to the Orders, which have been set aside in Exts.P11 and P12, has been passed in the instant case also.

3. Learned Government Pleader is an agreement with the above referred facts submitted by the learned Counsel for the petitioner.

4. In the circumstances, Ext.P8 will stand set aside. The 3rd respondent/Additional District Magistrate will stand directed to issue licence in Form-LE-6 to the petitioner to conduct public display of fireworks on 2/3/2026 between 8.00 pm and 9.30 pm., and 3/3/2026 at

7.00 am 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 fancy crackers before 11.00 am tomorrow (27/2/2026) 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 5.00 pm day after tomorrow (28/2/2026) 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 3rd respondent/Additional District Magistrate forthwith.

This Writ Petition will stand disposed of as above.

Sd/-

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