Court emphasizes that a permanent magazine is not required for temporary fireworks events. Risk assessment agencies are not locally available.

JUDGMENT

Ext.P11 Order is under challenge in this Writ Petition, which rejected petitioner’s application for display of fireworks in connection with the annual festival of the Mannalur Chirathura Bhaghavathi Kshethram. The reasons stated in Ext.P11 are threefold. The first is that the petitioner is not having a permanent magazine, a ground which has been rejected by this Court in several proceedings, holding that for conducting a temporary event like the festival of a temple, a permanent magazine is not required.

2. The second is the absence of a risk assessment plan by an agency duly approved by P.E.S.O. This was also rejected in a series of judgments, holding that no such agency is available in Kerala, and that the nearest agency approved by P.E.S.O is the one at Nagpur.

Therefore, that ground also cannot hold good.

3. The third is with respect to the absence of production of sample. The same can be taken care of by giving appropriate directions.

4. In the circumstances, Ext.P11 will stand set aside. Ext.P2 application will stand allowed 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 A.D.M or other competent officials to take appropriate action in accordance with law.

5. The petitioner will make available the sample of the fancy crackers before 5.00 pm today (10/3/2026) to the 2^nd respondent/A.D.M. The 2^nd 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 on 12/3/2026. 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 2^nd respondent/Additional District Magistrate forthwith.

This Writ Petition will stand allowed as above.

Sd/-