Temporary magazines suffice for fireworks in temporary events; prior refusals set aside with conditions.

JUDGMENT

In all these cases, the respective petitioners are aggrieved by the Orders issued by the District Collector, Palakkad, refusing permission for use of fireworks in connection with the respective events mentioned in the separate Writ Petitions.

2. Having heard the learned counsel for the petitioners and the learned Government Pleader on behalf of the respondents, this Court notice that the reasons stated in all these impugned Orders are one and the same, which are to the following effect:

(a) The first objection is that the petitioners are entitled to use only those fireworks authorised by the Deputy Chief Controller of Explosives. This Court fails to understand as to how that can be posed as an objection, inasmuch as a finding, to the effect that the petitioners are intend to use crackers other than those authorised in terms of Rule 107(8) of the Explosive Rules , cannot be arrived at this stage.

(b) The second objection is with respect to the fact that the details of the crackers have not been provided. The same can be directed to be provided by the petitioners; and on that ground, the permission is not liable to be refused.

(c) The third is the absence of a permanent magazine, in respect of which aspect, this Court has penned several judgments, stating that a temporary magazine would suffice for a temporary event like the one mentioned in the various Writ Petitions.

(d) The fourth is the absence of time for sampling, which can be taken care of by giving appropriate directions.

3. This Court also notice that the subject matter of the impugned Orders are squarely covered by the judgments produced at Exts.P10 to P13 in W.P.(C).No.14677/2026.

4. In the circumstances, the impugned Orders will stand set aside. There will be a direction to the District Collector to grant permission to the respective petitioners for the respective events mentioned in their applications, subject to the following conditions:

(i) The respective petitioners shall produce portable magazine/magazines to the satisfaction of the authorities for the storage of the fire works.

(ii) The petitioners shall satisfy all other requisite conditions for fireworks display under LE-6 license 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.

5. As regards the inspection of the samples, the petitioners in all cases will produce the same before the District Collector today itself by 05.00 p.m. The District Collector will stand directed to receive the samples, and do the needful for testing/identification of the same and to ascertain whether there is any objectionable material in the crackers. The above exercise shall be completed by 05.00 p.m. on 13.04.2026 (Monday). The license to be granted as per the directions of this Court will be subject to the result of testing/verification.

6. The learned Government Pleader will inform the gist of the judgment to the District Collector forthwith.

These Writ Petitions will stand allowed, as indicated above.