Balakrishnan Nair v. The District Collector, Palakkad, and Others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** **&** **THE HONOURABLE MR.JUSTICE N.ANIL KUMAR** **WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940** ## **WP(C).No. 7185 of 2019** ## **PETITIONER:** **BALAKRISHNAN NAIR, AGED 68 YEARS** **PRESIDENT, REPRESENTING KAVASSERY POORAM COORDINATION COMMITTEE, KAVASSERY P.O., KAVASSERI, PALAKKAD DISTRICT, PIN-678543.** **BY ADVS.** **SRI.K.RAMAKUMAR (SR.) SMT.R.S.ASWINI SANKAR SRI.G.RENJITH SRI.S.M.PRASANTH SRI.T.H.ARAVIND SRI.T.RAMPRASAD UNNI** ## **RESPONDENTS:** - **1 THE DISTRICT COLLECTOR / DISTRICT MAGISTRATE, PALAKKAD-678001.** - **2 THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD-678001.** - **3 THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, SUB CIRCLE OFFICE, ERNKAULAM, KAKKANAD, KOCHI682030.** **BY ADV. SMT.SOWMIAVATHY T.C., CGC BY SR.GOVERNMENT PLEADER SRI.T.K.ANANDAKRISHN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **2** ## **WP(C).No. 7185 of 2019** ## **JUDGMENT** ## **P.R. Ramachandra Menon, J.** The petitioner, who claims to be the President of the Kavassery Pooram Co-ordination Committee, connected with the 'Parrakkat Sree Bhavagathi' Temple, has approached this Court seeking for a direction to be given to the respondents to grant permission to the petitioner to display 'fire works' as requested in Exts.P1 and P2 applications with appropriate/reasonable restrictions in connection with the festival in the 'Parrakkat Sree Bhavagathi' Temple (Kavasseri Pooram) scheduled to be conducted on 19[th] , 20[th] and 21[st] of March, 2019. 2. Heard Sri.K.Ramakumar, the learned Senior counsel for the petitioner and Sri.T.K.Anantha Krishnan, the learned Government Pleader appearing for the respondents. 3. The sum and substance and the grievance projected by the petitioner is that the aforesaid **WP(C).No. 7185 of 2019** **3** festival is being conducted every year, including the 'fire works display' as part of it, to please the deity, in conformity with all the relevant rules, norms and regulations, without giving any room for complaint/objections from any corner. It is pointed out that, the petitioner's Samithy is actively taking part in conducting the Temple festival for the past several decades and no untoward incident or any adverse circumstance has occurred in the previous years, in connection with the 'fire works display'. All arrangements have been stated as made in conformity with the statutory requirements and in tune with the directions issued by the competent authorities. It is also pointed out that, the fire works display is proposed to be conducted in a vast area of vacant land and there is no building or dwelling place anywhere near the locality. The land owners have given consent to use their land (paddy fields) in this regard, as borne by Exts.P3 and P4. 4. Despite filing Exts.P1 and P2 applications, no positive steps have been taken by the respondents to **WP(C).No. 7185 of 2019** **4** consider the same and pass appropriate orders, in spite of the fact that the petitioner had undertaken before the Tahsildar, Alathur, that all the safety measures will be taken and barricades will be erected at the place where the display of 'fire works' is proposed to be held, to avoid any danger. The learned counsel for the petitioner submits that the festival was being conducted for more than a century, with display of 'fire works' and that the inaction on the part of the respondents will be detrimental to public interest, hurting the feelings of the devotees and the public at large. The learned counsel further submits that the Pooram Committee has already given assurance that no prohibited items like 'dynamite' or 'Kuzhiminnal' which are likely to cause danger to human life, will be used and that the request is only to permit other types of fire works of low sound effect to be displayed, concentrating more on visual effects rather than sound effect; subject to appropriate conditions to be imposed by the competent authorities. 5. The learned counsel points out that banning the **WP(C).No. 7185 of 2019** **5** display of fire works will not be conducive to public interest. The display of 'fire works' is being done in the large areas of uninhabited lands and paddy fields, which are not used in summer. It is asserted that only authorized crackers/fire works will be used and hence there is no possibility of danger at all to human beings or properties. 6. During the course of hearing, it is brought to the notice of this Court, that the Apex Court had occasion to deal with the situation in connection with the 'Thrissur Pooram' and an order was passed on 26.03.2007, relaxing the standards to the requisite extent in connection with the 'fire works display' as part of Temple festival. Reference was also made to the verdict passed by the Apex Court on an earlier occasion ie., **Noise Pollution (V), in RE, Forum,** ## **Prevention of Environmental & Sound Pollution vs. Union** **of India & Anr. [2005(5) SCC 733].** It is pointed out that, under similar circumstance, permission has been granted by this Court as well, as evidenced from Ext.P7, for carrying out the fire works display, **WP(C).No. 7185 of 2019** **6** subject to appropriate conditions. 7. The learned Government Pleader submits on instructions that, no untoward incidents have been reported in the previous years and permission was being granted subject to specific conditions, to ensure safety and security. This year, the applications were submitted only recently and that they have been forwarded to different authorities for verification and report. 8. Learned Senior Counsel appearing for the petitioner submits that petitioner has already assured and undertaken that no prohibited items will be used in the fire works display and that clearance need not be given in respect of such items. It is also pointed out that sufficient insurance coverage would be provided to meet any eventuality. 9. After hearing both the sides, we find that the Competent Authority could be directed to issue necessary clearance for display of the 'fire works' in connection with the 'Parrakkat Sree Bhavagathi' Temple festival (Kavasseri Pooram), based on Ext.P1 and P2 **WP(C).No. 7185 of 2019** **7** applications; except the prohibited items as mentioned above and of course, subject to the riders stipulated by the Apex Court; which shall be at the risk of the petitioner. It is open for the competent authority to incorporate appropriate conditions to safeguard the interest of all concerned and to enable the display to be conducted with adequate precautions. It is ordered accordingly. 10. It shall be ensured by the respondents that safe distance of a minimum of 100 metres be maintained between the place of fire works display and the line upto which the general public can be permitted to have access and witness the event. Sufficient barricades shall be provided ensuring the safety and security. The place where the' fire works' are to be stored and the place of display shall be inspected by the Police, Revenue and Fire & Rescue authorities under close surveillance. No access shall be given to the general public to the storage place and it shall be located at a sufficiently distant place. Proof of having taken insurance coverage for a total sum of **'Rs.Three Crores'** **WP(C).No. 7185 of 2019** **8** towards 'loss of life/personal injury/damage to property shall be produced by the petitioner before the Competent Authority, before granting permission. It is open for the authorities to ensure satisfaction of all the relevant norms/conditions stipulated in the 'sanction' to be given by the Competent Authority. It shall also be ensured by the authorities concerned, as to the course to be pursued at time of fire works display, if at all any electricity line is existing/passing through the vicinity, with the support to be obtained from the authorities of the Kerala State Electricity Board Ltd. Writ petition is disposed of accordingly. ## **Sd/- P.R. RAMACHANDRA MENON, JUDGE** **Sd/- N. ANIL KUMAR, JUDGE** lk **9** ## **WP(C).No. 7185 of 2019** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1** **TRUE COPY OF APPLICATION DATED 12/2/2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.** **EXHIBIT P2 TRUE COPY OF APPLICATION DATED 12/2/2019 SUBMITTED BY THE PETITIONER BEFORE R2.** - **EXHIBIT P3** - **TRUE COPY OF THE CONSENT LETTER GIVEN BY ONE VIJAYALAKSHMI** - **EXHIBIT P4 TRUE COPY OF THE CONSENT LETTER GIVEN BY ONE MUHAMMED RAPHI.** - **EXHIBIT P5** - **TRUE COPY OF THE SKETCH SHOWING THE FIREWORKS DISPLAY OF KAVASSERY POORAM.** - **EXHIBIT P6 TRUE COPY OF THE LICENCE ISSUED TO THE MANUFACTURER OF FIREWORKS WITH ALL DETAILS.** - **EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 29/3/2017 IN WP(c) NO. 10613 OF 2017.** - **EXHIBIT P8** **TRUE COPY OF ORDER DATED 14/2/2019 IN WP(c) NO.4075 OF 2019.** **/true copy/** **P.S. TO JUDGE.**