JUDGMENT : VIJU ABRAHAM, J. 1. Dated this the 10 th day of February, 2026 The grievance raised by the petitioner is regarding Ext.P6 order whereby the application for issuance of licence for running a firework shop was declined by the respondent Panchayat for the reason that the building in which the said shop is sought to be established is a commercial building and the said building cannot be permitted to be used for storing explosives and further held that if occupancy is changed, further proceedings on the application for licence will be initiated. 2. The specific case of the petitioner is that it is an independent building existing in 2.04 Ares of land, which was constructed for the purpose of running a firework shop. All necessary licences/NOC were already obtained from the concerned authorities, as evident from Exts.P3 to P5. It is without considering Exts.P3 to P5 that the application has been rejected as per Ext P6. Petitioner relies on Ext.P7 information from the Director of Panchayat informing that the panchayath should issue licence if applied for, with permissions from other Departments and on payment of the requisite fee. But the 1st and 2nd respondents are not ready to adhere to Ext.P7 communication. It is in the said circumstance that the present writ petition has been filed. 3. The learned Counsel appearing for the respondent panchayat submits that the present building is a Group F category building, which could be used only for commercial purposes for the display and sale of merchandise such as shops, stores, markets, etc. Whereas Group I category deals with hazardous buildings, which are used for storage, handling, manufacturing or processing of highly combustible or explosive materials. Since the petitioner is storing as well as selling firework which are explosive materials, the building should satisfy the criteria of Group 1 occupancy. 4. The learned Senior Counsel appearing for the petitioner would submit that the said contention of the learned Counsel for the respondent panchayat cannot be accepted. Learned senior counsel would contend that Group I occupancy relates to hazardous building which are used for storage, handling, manufacturing and processing of highly combustible or explosive materials and the petitioner’s building will not come under that category. Learned senior counsel would contend that Group I occupancy relates to hazardous building which are used for storage, handling, manufacturing and processing of highly combustible or explosive materials and the petitioner’s building will not come under that category. Group F category relates to mercantile or commercial buildings where merchandise is kept for display and sale either for wholesale or retail, and therefore, the building will come only under the category of buildings under Group F occupancy, which satisfies the criteria for the sale of fireworks. Learned senior counsel would further, relying on the definition of ‘fireworks’ under Explosive Rules, 2008 (for short, ‘the Rules, 2008’) as well as classification of the explosives under the Explosives Rules and the division 1.4, contend that it is clear from the above that fireworks are classified as substances and articles that present “no significant hazard”. When the Explosives Act and Rules classify fireworks as articles that are not hazardous, there can be no assumption that fireworks are “highly hazardous substances”. The rules relating to the grant of LE5(f) licence state that plan of the shop showing the storage capacity, approach road, and surrounding facilities, specifically indicating compliance of Sub-rule (3) of Rule 86 , is to be looked into. As per (3) of the Explosives Rules relating to shops, safety distance is prescribed as 15 metres from the premises used for storage of explosives, flammable or hazardous materials and contend that the petitioner’s shop satisfies all conditions, and that is why the petitioner has been granted licence from PESO. It is further contended that PESO being the authority under the Explosives Act to look into the issue of safety distance, nature of building, etc. for sale of fireworks and when PESO has granted licence in compliance with the requirement of shop as laid down in (3) it is arbitrary on the part of the respondents to deny permission to the building to be used as mercantile/commercial for sale of fireworks. 5. The contention of the petitioner is that various other authorities and the Deputy Controller of Explosives had granted license after going into various parameters. 5. The contention of the petitioner is that various other authorities and the Deputy Controller of Explosives had granted license after going into various parameters. The learned Senior Counsel’s contention based on Rule 2(24) of the Rules, 2008, which defines ‘fireworks’ to mean low hazard explosive comprising of any composition or device manufactured with a view to produce coloured fire or flame, light effect, sound effect, smoke effect (coloured or natural), or combination of such effects and includes fog-signals, fuses [such as quick match and micro cord). Rule 83 mandates that no explosives, other than fireworks (gun powder and small arm nitro- compound), permitted in license shall be stored in a shop for possession and sale, whereby making it clear that in the case of firework there is no prohibition regarding storing in a shop for possession and sale. Rule 107 deals with the grant of license and the license will be granted only after the licensing authority is satisfied with the documents received for the grant of license. On the basis of the same, it is the contention of the learned Senior Counsel that it is only after verifying all these aspects that Ext.P2 license under the Explosives Act and Rules was issued. Ext.P7 is a communication issued by the Director of Panchayat which mandates that, when necessary licenses and No Objection Certificates are received from the various Departments, then the president is bound to issue a license. 6. A detailed counter affidavit has been filed by the respondent Panchayat, contending that the writ petition is highly premature and Ext.P6 order ought to have been challenged before the committee of the Grama Panchayat and a further revision is provided before the Tribunal for Local Self Government Institutions under Section 276 of the Kerala Panchayat Raj Act, 1994. It is further stated that Ext.P6 order rejecting the license application was on a valid ground and by way of a speaking order. The occupancy class of the building of the petitioner is Group F, which is commercial, and thereupon petitioner was directed to take steps to convert the occupancy to Group I, but the said direction has not been complied with by the petitioner. The occupancy class of the building of the petitioner is Group F, which is commercial, and thereupon petitioner was directed to take steps to convert the occupancy to Group I, but the said direction has not been complied with by the petitioner. It is submitted that Ext.P6 has been issued in public interest, and when public interest is involved the same should prevail over private interest as held by the Apex Court in Lorik Bhagat v. Bihar State Power (Holding) Company Ltd, Patna & Others , and this Court in Kerala Bottle Water Manufacturs Association & Another v. State of Kerala [ 2020 (3) KHC 1 ] Group F buildings in Chapter IV Rule 25 is regarding commercial buildings. The Section mandates that mercantile or commercial building shall include any building or part thereof which is used to display and sale of merchandise, such as shops, stores, markets, etc., either wholesale or retail. Whereas Group I deals with hazardous occupancy which include any building or part of the building which is used for a storage, handling, manufacturing or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or which may produce poisonous fumes or explosions; for the storage, handling, manufacturing or processing which involve higly corrosive, toxic or noxious alkalis, acids or other liquids or chemicals producing flame, fumes and explosive, poisonous, irritant or corrosive gases; and for the storage, handling or processing of any material producing explosive mixtures of dust which result in the division of matter into fine particles subject to spontaneous ignition. Section 83 of the Rules, 2008 mandates that no explosives other than firework permitted in the licence shall be stored in a shop for possession and sale, which means that, except for firework, no other explosives is permitted to be stored in a shop for possession and sale. But the said Section further provides for the parameters to be taken into consideration regarding the construction of the shop, and the area and the nature of the shop have also been stated in Rule 83 . of the Rules, 2008 reads as follows:- “ 83. Explosives permitted for possession and sale from shop. - (1) No explosives, other than fireworks, [gun powder and small arm nitro-compound], permitted in license shall be stored in a shop for possession and sale. (2) Construction of shop. of the Rules, 2008 reads as follows:- “ 83. Explosives permitted for possession and sale from shop. - (1) No explosives, other than fireworks, [gun powder and small arm nitro-compound], permitted in license shall be stored in a shop for possession and sale. (2) Construction of shop. - The shop shall be constructed of a brick, stone or concrete and the shop shall be closed and secured so as to prevent unauthorised person from having access thereto. (3) The premises shall have storage area not less than nine square meters and not more than twenty five square meters. (4) The shop shall - (a) be located on the ground floor of a building completely separated from other parts of the building by substantial walls having independent entrance and emergency exit from open air and having doors opening outwards, if applicable; (b) not be situated in the sub-level or basement or mezzanine floor; (c) not be situated under the upper [floors] used for the purpose of dwelling; (d) not be situated under or nearby any staircase or lift; (e) be accessible for fire fighting; and (f) have no electrical apparatus or battery or oil lamp or similar equipments capable of producing spark or ignition and all electrical wiring in the shop be fixed and effectively sealed or conduited or mechanically protected; the main switch or circuit breaker be provided at the immediate accessible position outside the premises.” So eventhough firework is permitted to be stored in a shop for possession and sale, there are several parameters to be looked into while permitting the possession and sale of fireworks in a shop. There exactly where the importance of Group I occupancy comes into play. Though the firework has been defined under Rule 2(24) of the Rules, 2008, as a low-hazard explosive, it is a hazardous explosive. Buildings under Group I category 1 deal with buildings or parts of buildings used for the storage of highly combustible or explosive materials or products that are liable to burn with extreme rapidity. Though the firework has been defined under Rule 2(24) of the Rules, 2008, as a low-hazard explosive, it is a hazardous explosive. Buildings under Group I category 1 deal with buildings or parts of buildings used for the storage of highly combustible or explosive materials or products that are liable to burn with extreme rapidity. So, naturally, a firework being a hazardous product, though less hazardous as per the definition of Rule 2(24), if, firework will have to be stored for the purpose of sale in a shoproom, for the safety of the public at large, it should be in a building which satisfies the parameters of a Group I building which deals with hazardous, highly combustible or explosive materials. Admittedly, the firework is a highly combustible material, and therefore, though, as per Rule 83 , it is allowed to be stored for sale in a shop, the shop should comply with the parameters of a Group I shop as provided in the Kerala Panchayat Building Rules, 2019. Therefore, I find absolutely no reason to interfere with Ext.P6 order, and the writ petition is accordingly dismissed.