I.K.GOVIND Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner filed this writ petition being aggrieved by Ext.P4 order dated 04.02.2020 whereby the application for permission to conduct public fireworks display, was rejected. The petitioner submitted Ext.P3 application in his capacity as Secretary of Velluppilly Devaswom seeking issuance of LE-6 licence for public fireworks display. The said application was rejected as per Ext.P4 assigning various reasons. It is stated therein that the applicant does not possess magazine with LE-3 licence. So also, it is stated therein that magazine in the manner prescribed by Petroleum and Explosives Safety Organisation ('the PESO' for short) is not available in the site in question. The further reason assigned for rejecting the application is that even if permission is granted, the petitioner would not be in a position to construct temporary magazine adhering to the guidelines issued by the PESO. Permission is sought for to conduct fire works display at 4.30 am on 11.03.2020. In Ext.P4 order it is stated that it is impermissible to grant licence to conduct fire works display between 10 pm and 6 am and further that the sketch produced by the petitioner reveals the existence of 14 residential houses within the prohibited distance of 100 metres from the proposed display point.

(2.) Heard the learned Senior Counsel appearing for the petitioner and the learned Government Pleader.

(3.) The learned Senior Counsel drew our attention to Ext.P2 judgment. The petitioner herein, in his capacity as President of the Velluppilly Devaswom, filed W.P.(C) No.4602 of 2019 which culminated in Ext.P2 judgment. Ext.P1 is the interim order passed by this Court on 19.02.2019 in the said writ petition. It is submitted by the learned Senior Counsel Ext.P1 would go to show that during the last year also objections similar to the reasons now given for rejecting Ext.P1 application, had been raised. However, this Court permitted the petitioner to conduct fire works display after complying with the conditions specifically mentioned in Ext.P1 order.