K.JAYACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows: "i) Issue a writ of mandamus or any other writ, order or direction, directing the 2nd respondent to take urgent steps to inspect the mechanical devices of the amusement park with their Engineers or in the alternative, permit the petitioner to avail the services of a government approved structural engineer for the same.

(2.) Heard Sri.Thomas John Ambooken, learned counsel appearing for the petitioner, Sri. K.J.Manu Raj, learned Government Pleader appearing for respondent No.1 State of Kerala and Sri. K. T. Thomas learned Standing Counsel appearing for respondent No. 2 Aluva Municipality.

(3.) The learned counsel for the petitioner has made submissions in tune with the pleadings in this W.P.(C). Sri. K. T. Thomas learned Standing Counsel appearing for respondent No. 2 Aluva Municipality would submit on the basis of instructions that the very same issue in relation to the conduct of the amusement park during the 'Sivarathri Festival' to be conducted under the respondent Aluva Municipality has been subject matter of the public interest litigation, which is recently considered by this Court in W.P.(C) No.5673 of 2017 and the Division Bench has passed the interim order dated 29.01.2020 in the said W.P.(C) No.5673 of 2017 and Contempt of Court case (civil) No. 477 of 2017, wherein it has been inter alia directed that the inclusion of the Engineers of the Public Works Department apart from the Municipal Engineers would also strengthen the professional opinion on the aspects of the structural stability, load bearing capacity and safety features and that therefore, it has been ordered therein that the Engineers in the Municipality and Public Works Department shall ensure the structural stability, load bearing capacity and safety measures of the equipments used in the amusement parks and permission shall be granted by the respondent Aluva Municipality, only after ensuring that the equipments are fail-safe etc. The said order dated 29.01.2020 rendered by the Division Bench of this Court in W.P.(C) No. 5673 of 2017 and contempt of court case (civil) No. 477 of 2017 reads as follows: