L.PARAMESWARAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed aggrieved by the denial of licence for public display of fireworks on 17.02.2020 as per Ext.P11. The petitioner is the Secretary of Chinakkathur Pooram Thekkumangalam Desa Committee. He submitted application for licence for public display of fireworks in connection with the annual festival of Chinakkathur Bhagavathy Temple. Earlier, aggrieved by the denial of application as per Ext.P2 order dated 06.02.2020 by the 2nd respondent, viz. the Additional District Magistrate, he filed W.P.(C) No.3829/2020. That writ petition was disposed of as per Ext.P9 judgment dated 13.02.2020. In terms of the directions thereunder and on submission of further application dated 14.02.2020, the 2 nd respondent again considered the request. It is such consideration that culminated in Ext.P11 order. Ext.P11 would reveal that two reasons have been assigned by the 2 nd respondent to reject the application vide Ext.P11. The first reason is that a magazine in the manner prescribed in Schedule VII Specification No.3 of the Explosive Rules is not provided. The second reason is that risk assessment plan approved by the Petroleum and Explosives Safety Organisation (PESO) is not submitted. It is in the said circumstances, seeking quashment of Ext.P11 and such other reliefs, that this writ petition has been filed.

(2.) We have heard the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents 1 to 3.

(3.) Learned counsel for the petitioner submitted that the petitioner has brought to the attention of the 2nd respondent the availability of temporary magazine and also submitted that the petitioner is prepared to provide portable magazine for the safe storage of the fireworks. As noticed hereinbefore, the other reason stated for rejection of the application is regarding non-production of risk assessment plan approved by PESO. A bare perusal of Ext.P11 order itself would reveal that in regard to the requirement of production of risk assessment plan, a condition that the risk assessment plan should be one which is approved by PESO is not provided therein. In that regard, it is only apt to refer to paragraph 2 of Ext.P11 and it is thus:-