K.SANKARANARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are stated as devotees of 'Sree Nellikulangara Bhagavathy Temple, Nenmara' and are office bearers of The committees constituted for conducting the festival popularly known as 'Nenmara Vallangi Vela' and they represent the people of two different 'karas', who are participating in the festival. It is stated that one of the major events of the festival is the display of fireworks, which has got a history of more than 150 years.

(2.) Mr.S.Sreekumar, learned senior counsel appearing for the petitioners points out that the fire works display is being carried out in a vast extent of barren land of 35 Acres and the same is being conducted maintaining all safety standards. Sufficient distance more than 500 metres is maintained between the people who are watching the event and the actual place where the fire works display is performed. It is also pointed out that the projectiles can travel only to a maximum distance of 100 Metres and if at all some mishap occurs and the projectiles get misdirected, it can never reach anywhere near the people who are watching the display. It is also pointed out that no buildings are situated in the nearby and no untoward incident has occurred so far. It is further brought to the notice of this Court that the fire works display is being performed on the strength of all valid licences and adhering to strict standards of safety. The learned counsel submits that both the 'karas' have taken insurance coverage to an extent of Rs.50 lakhs each, as a prudent measure, though there is no chance for occurrence of any accident. Exts.P5 and P6 applications submitted by the petitioners before the competent authority for sanction are still to be acted upon.

(3.) The writ petition is filed with the following prayers: