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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
V.K. SASIKUMAR – Appellant
Versus
DISTRICT COLLECTOR, DISTRICT POLICE CHIEF, ADDITIONAL DISTRICT MAGISTRATE, SECRETARY, DEP OF INDUSTRIAL POLICY AND PROMOTION, DEPUTY CHIEF CONTROLLER OF EXPLOSIVES – Respondent
| Table of Content |
|---|
| 1. challenge to fireworks display permission. (Para 1) |
| 2. reports in favor of the petitioner. (Para 2 , 3) |
| 3. court's assessment of police apprehensions. (Para 4 , 5) |
| 4. outcome granting permission with conditions. (Para 6) |
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
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