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2025 DAILYLAW 5801 (KER)

MADHAVANKUTTY v. DISTRICT COLLECTOR,PALAKKAD

WP(C)/12738/2025 · 2025-04-07

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30787 WP(C) NOS. 12879 & 12738 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 12879 OF 2025 PETITIONER: K SETHUMADHAVAN AGED 61 YEARS S/O KRISHNAN, THE SECRETARY OF VALLANGHI VELA COMMITTEE, VALLANGHI VELA COMMITTEE OFFICE, VALLANGHI, NEMMARA PO, PALAKKAD DISTRICT, PERMENANTLY RESIDING AT KRISHNARAJ, VALLANGHI, NEMMARA, PALAKKAD DISTRICT, PIN – 678508. BY ADVS. N.SATHEESH KUMAR(NEMMARA) SANTHOSHKUMAR N. RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KENATHUPARAMBU KUNNATHURMEDU PALAKKAD, PIN – 678013. 3 THE ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, CIVIL STATION, KENATHUPARAMBU KUNNATHURMEDU PALAKKAD, PIN – 678013. 2025:KER:30787 WP(C) NOS. 12879 & 12738 OF 2025 2 4 THE TAHSILDAR OF CHITTUR TALUK TALUK OFFICE, KACHERIMEDU, CHITTUR, PALAKKAD, PIN – 678101. 5 THE SUPERINTENDENT OF POLICE OFFICE OF SUPERINTENDENT OF POLICE, YAKKARA ROAD, NEAR KSRTC BUS STAND, PALAKKAD, PIN – 678014. 6 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM & EXPLOSIVES SAFETY ORGANISATION(PESO) SUB CIRCLE OFFICE, 1ST FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULAM, PIN – 682021. SMT. DEEPA NARAYANAN, SR.GP. SRI. VISHNU PRADEEP, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, ALONG WITH WP(C).12738/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30787 WP(C) NOS. 12879 & 12738 OF 2025 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 12738 OF 2025 PETITIONER: MADHAVANKUTTY AGED 58 YEARS S/O.UNNIKUMARAN, MADHAVAM, THEKKEDATH HOUSE, KUNISSERY – 678 581, PRESIDENT, NEMMARA DESOM, VELA COMMITTEE, NEMMARA, PIN – 678508. BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT HARIKRISHNAN S. ANNA LINDA EDEN ANAVADYA SANIL KUMAR ANJALI KRISHNA S.SREEKUMAR (SR.) RESPONDENTS: 1 DISTRICT COLLECTOR, PALAKKAD COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA, PIN – 678013. 2025:KER:30787 WP(C) NOS. 12879 & 12738 OF 2025 4 2 THE ADDITIONAL DISTRICT MAGISTRATE, CIVIL STATION, PALAKKAD, PIN – 678001. 3 THE CHIEF CONTROLLER OF EXPLOSIVES, PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION ‘A’ BLOCK, CGO COMPLEX, 5TH FLOOR SEMINARY HILLS NAGPUR, MAHARASHTRA, PIN – 440006. 4 THE COCHIN DEVASWOM BOARD THRISSUR SWARAJ ROUND N, ROUND NORTH, THRISSUR, KERALA REPRESENTED BY ITS SECRETARY, PIN – 680001. 5 THE DISTRICT POLICE CHIEF, PALAKKAD YAKKARA ROAD, NEAR KSRTC BUS STAND, PALAKKAD, PIN – 678001. SMT. DEEPA NARAYANAN, SR.GP. SRI. VISHNU PRADEEP, CGC SRI.K.P.SUDHEER, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, ALONG WITH WP(C).12879/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30787 WP(C) NOS. 12879 & 12738 OF 2025 5 T.R. RAVI, J. -------------------------------------------- WP(C) Nos.12879/2025 & 12738/2025] -------------------------------------------- Dated this the 07th day of April, 2025 JUDGMENT When these cases are taken up, it is submitted that permission for display of fireworks was granted and the festival is also over. Nothing remains in these writ petitions, and these writ petitions are closed as infructuous. Sd/- T.R.RAVI JUDGE mpm 2025:KER:30787 WP(C) NOS. 12879 & 12738 OF 2025 6 APPENDIX OF WP(C) 12879/2025 PETITIONER’S EXHIBITS Exhibit P-1 THE PHOTOCOPY OF THE FORM AE-6 APPLICATIONS FILED BEFORE ADDL DISTRICT MAGISTRATE PALAKKAD DATED 23/12/2024. Exhibit P-2 THE PHOTOCOPY OF LICENSE OF M/S SRI SAKKTHI VANA VEDI MARUNTHU KADAI COMPANY, REPRESENTED BY MRS.JOTHI KANNAN DATED 13/02/2025. Exhibit P-3 THE PHOTOCOPY OF LICENSE OF M/S ROSE PYROTECHNIC WORKS, REPRESENTED BY MR. K. VIJAYAKUMAR DATED 05/01/2010. Exhibit P-4 THE PHOTOCOPY OF THE INSURANCE POLICY, DATED 16/03/2025 ISSUED BY THE UNITED INDIA INSURANCE COMPANY LIMITED. Exhibit P-5 THE PHOTOCOPY OF THE ONSITE EMERGENCY PLAN AND RISK ASSESSMENT PLAN DATED 17/12/2024. Exhibit P-6 THE PHOTOCOPY OF THE FORM LE-11A LICENCE OF MR. SOMASUNDRAN O DATED 07/01/2025. Exhibit P-7 THE PHOTOCOPY OF THE FORM LE-11A LICENSE OF MR. C R NARAYANAN KUTTY DATED 07/01/2025 Exhibit P-8 THE PHOTOCOPY OF THE ORDER DCPKD/16637/2024-D3 DATED 25/03/2025 OF THE 3RD RESPONDENT. 2025:KER:30787 WP(C) NOS. 12879 & 12738 OF 2025 7 Exhibit P-9 THE PHOTOCOPY OF THE INTERIM ORDER DATED 31/03/2023 IN WPC NO.11629 OF 2023. Exhibit P-10 THE PHOTOCOPY OF THE JUDGMENT DATED 26/03/2024 IN WPC NO. 12171 OF 2024. 2025:KER:30787 WP(C) NOS. 12879 & 12738 OF 2025 8 APPENDIX OF WP(C) 12738/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE BROCHURE ISSUED BY THE NEMMARA VELA COMMITTEE. Exhibit P2 TRUE COPY OF THE LE-3 LICENSE DATED 26-03-2024 VALID TILL 31-03-2028, GRANTED TO THE PETITIONER. Exhibit P3 TRUE COPY OF RELEVANT PAGES OF THE LICENSE DATED 01-08-2022 VALID TILL 31-03-2027 ISSUED BY ADDITIONAL DISTRICT MAGISTRATE, THRISSUR TO JENSON E.A. Exhibit P4 TRUE COPY OF LICENSE DATED 25-02-2025 VALID TILL 31-03-2029 ISSUED BY 2ND RESPONDENT TO BINOY JACOB. Exhibit P5 TRUE COPY OF LE-11A CERTIFICATE OF FIREWORKS DISPLAY OPERATOR, OF MR.BINOY JACOB DATED 23-01-2025 VALID TILL 22-01-2026 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES. Exhibit P6 TRUE COPY OF LE-11A CERTIFICATE OF FIREWORKS DISPLAY ASSISTANT, OF MR.STEPHIN N.J DATED 23-01-2025 VALID TILL 22-01-2026 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES. Exhibit P7 TRUE COPY OF INSURANCE POLICY TAKEN BY THE PETITIONER FROM UNITED INDIA INSURANCE COMPANY LTD. DATED 19-12-2024 WHICH IS VALID FROM 16-03-2025 TO 07-04-2025. 2025:KER:30787 WP(C) NOS. 12879 & 12738 OF 2025 9 Exhibit P8 TRUE COPY OF APPLICATION DATED 30-12-2024 ALONG WITH APPLICATION IN FORM AE-6 UNDER RULE 113 OF EXPLOSIVE RULES, 2008, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P9 TRUE COPY OF JUDGMENT DATED 28-03-2018 IN W.P.(C).NO.11057 OF 2018 OF THIS HON’BLE COURT. Exhibit P10 TRUE COPY OF INTERIM ORDER DATED 31-03-2022 IN W.P.(C).NO.11486 OF 2022 OF THIS HON’BLE COURT. Exhibit P11 TRUE COPY OF JUDGEMENT DATED 26-03-2024 IN W.P.(C).NO.12510 OF 2024 OF THIS HON’BLE COURT. Exhibit P12 TRUE COPY OF ORDER DATED 25-03-2025 OF THE 2ND RESPONDENT, REJECTING EXHIBIT.P8.