SUO MOTU Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) This matter comes up being registered suo motu in terms of the directions contained in judgment dated 30.3.2012 in W.P.(C) No. 6412 and DBA Nos. 1 to 9 of 2012. Read the aforesaid common judgment. It contains clear directions regulating the use of, "Adirvettu or Kadina" (fire works) in different temples. We do not find any differential in the yardsticks to be applied in the use of "Adirvettu or Kadina", wherever it be, in the State of Kerala. Therefore, the Travancore Devaswom Board (TDB) and the Malabar Devaswom Board (MDB) have rightly pointed out through their learned counsel that they have no objection in the implementation of the directions contained in the aforesaid judgment to all situations and temples falling under the control of TDB and MDB. It is pointed out by the learned counsel for MDB that there are no temples directly administered by it, except a few. Be that as it may, we find that there is no intelligible differentia to classify temples depending upon its management, genesis, ownership or trusteeship, to fall within the laws governing the use of explosives, including use of gun powder, in the State of Kerala.

(2.) Therefore, it is ordered that all directions contained in the judgment dated 30.3.2012 in W.P. (C) No. 6412 of 2012 and DBA Nos. 1 to 9 of 2012 will apply on all fours to all temples under TDB and those falling within the jurisdiction of MDB. We also clarify that the aforesaid specific direction does not, in any manner, dilute the responsibility of the State of Kerala represented by the Chief Secretary and all officers under his command, including those in the departments of Revenue, Police, Fire Force and other Departments to see that there is no use of fire works including "Adirvettu or Kadina" in any place within the State of Kerala, except in accordance with the provisions of the Explosives Act and the Explosives Rules, in terms of the interpretation given to those Rules as noted in the aforesaid judgment in W.P. (C) No. 6412 of 2012 and DBA Nos. 1 to 9 of 2012. We also state, as a principle of law, that the liability to enforce the laws in this regard shall be the personal responsibility and liability of all Government servants involved in ensuring that there is no violation of the Explosives Act and Rules. Failure to discharge such duty could invite penal action, even under IPC. Let all Government servants concerned stand reminded of this.