SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 25504

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Viju Abraham, J
Ratheesh – Appellant
Versus
District Collector – Respondent
WP(C) NO. 13641 OF 2026|WP(C) NO. 13750 OF 2026|WP(C) NO. 13947 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.L.RAJESH NARAYAN, SMT.KEERTHANA SARIGA T.S., SRI.P.R.VENKATESH
For the Respondents: SHRI.SAGITH KUMAR V., CGC, SENIOR GP DEEPA NARAYANAN, SMT.V.K.HEMA, CGC, SENIOR GP DEEPA NARAYANAN

Court grants conditional fireworks display permission overriding rejection despite procedural lapses, prioritising precedents and safety compliance.

Headnote:Petitioners challenged rejection orders denying permission for fireworks display during festivals, citing lack of Chief Controller authorisation, non-intimation of fireworks details to District Magistrate, absence of PESO-compliant magazine, and unverified samples. Court considered prior writ petitions where similar permissions were granted, including WP

(C) No.12070 of 2026. Court directed conditional permission subject to producing portable magazines, satisfying LE-6 licence conditions, barricades, quantity limits, supervision, and sample testing. Issue framed as reasons for rejection despite prior precedents. Ratio: Prior permissions granted on similar facts; conditional approval ensures compliance with PESO guidelines and safety without undue denial. Writ petitions disposed with directions to District Collector to grant permission for fireworks display on scheduled date subject to specified conditions.

Table of Content
1. challenge to fireworks permission rejection on procedural grounds. (Para 1 , 2)

JUDGMENT

Dated this the 7th day of April, 2026 These writ petitions are filed challenging the order of rejection, whereby the permission sought for conducting display of fireworks has been declined by the 1st respondent District Collector.

2. It is submitted that four reasons have been stated for rejecting the claim of the petitioners, i.e. authorisation has not been obtained from the Chief Controller of Explosives, the details of the fireworks used is not intimated to the District Magistrate, there is no magazine provided as per the PESO guidelines and that the samples have not been verified by a chemical laboratory. The learned Counsel appearing for the petitioners would submit that said issue was considered in a series of writ petitions including WP(C) No.12070 of 2026 and permissions have been granted.

3. Heard the learned Government Pleader and the learned Central Government Counsel appearing for the respondents.

Taking into consideration the above facts and circumstances of the case, I am inclined to dispose of the writ petitions with a direction to the 1st respondent-District Collector to grant permission to the petitioners for display of fireworks on the scheduled date subject to the following conditions:

I. The petitioners shall produce portable magazines to the satisfaction of the authorities for the storage of the fireworks.

II. The petitioners 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 fireworks 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.

VII.As regards the inspection of the sample crackers, the petitioners will produce the same before the 1st respondent/District Collector by.5.00 p.m. today (07.04.2026). The 1st respondent/District Collector 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. The effort shall be completed by 5.00 p.m. tomorrow (08.04.2026) and the licence directed to be granted will be subject to the result of the testing/verification.

VIII. The learned Government Pleader will inform the gist of the judgment to the 1st respondent/District Collector forthwith.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top