Permission for fireworks display cannot be denied based solely on police apprehension when all procedural requirements are met.

JUDGMENT

Under challenge in this Writ Petition is Ext. P8 Order, which refused the petitioner's application seeking permission to conduct display of fireworks, in connection with the festival of Sri Hanumankavu Devi Temple, Edappal. The solitary reason stated in Ext.P8 is the apprehension by the Police about the possibility of any untoward incident, based on certain incidents which occurred in the past, at other places.

2. Learned counsel for the petitioner would specifically point out that, the reports of the Fire Officer, as well as, the Tahsildar are in favour of the petitioner. The distance criteria, as stipulated by the Rules, is also complied with. In such circumstances, a mere apprehension by the Police cannot result in an Order like Ext.P8, refusing the permission sought for, is the argument advanced.

3. The learned Government Pleader would confirm that, the distance criteria as per the concerned Rules have been satisfied and the reports of the Tahsildar and the Fire Officer are in favour of the petitioner.

4. The learned Central Government Counsel would make submissions on behalf of respondents 4 and 5.

5. Having heard the learned counsel appearing on behalf of respective parties, this Court feels that the reason stated in Ext.P8 cannot be sustained. A mere apprehension - as pointed out by the learned counsel for the petitioner - cannot afford legal ground for refusing Ext.P1 application, seeking permission for display of fireworks. It is relevant to note that the petitioner has satisfied all other conditions, especially, the distance rule, etc.

6. In such circumstance, Ext.P8 cannot be sustained and the same will stand set aside. Due to paucity of time, the matter cannot be relegated back to the competent authority. The permission sought for, vide Ext.P1, 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 A.D.M. or other competent officials to take appropriate action in accordance with law.

This Writ Petition will stand disposed of as above.

Sd/-