K R RAMASWAMY ALIAS TRAFFIC RAMASWAMY Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned Government Pleader appearing for respondents 1 and 4 and the learned counsel appearing for respondents 2 and 3. The fifth respondent is also represented before us. This writ petition has been filed, in public interest, in order to ensure safety in the matter of sale and storage of fireworks and crackers during the Diwali season.

(2.) IT is common knowledge that during Diwali, in the matter of bursting and display of fireworks, many innocent people die and damage to property is also reported on account of accidents caused by such fireworks. No Diwali has passed without an accident involving loss of property and considerable number of lives, including children. Therefore, under the rules, certain safeguards have been provided in the matter of granting licence for sale, possession and storage of fireworks. These requirements have been made statutorily under the provisions of the Explosives Act, 1884 and the Rules made thereunder, including the Forms. As far as the city of Chennai is concerned, the licensing authority for grant of such licence is the Commission of Police. IT is obvious that while granting such licence, the Commissioner must abide by those safety norms.

(3.) LEARNED counsel for the petitioner submits that during this Diwali also, large quantity of fireworks and crackers will be stored in several shops, which he has mentioned by filing a typed set. According to the writ petitioner, in Bunder Street, there will be five shops in Badrian Street, there will be four shops in Malayaperumal Street, there will be one shop in Anderson Street, there will be five shops and in Umpherson Street, there will be one shop. In all, there will be about 16 shops in the said area selling and storing fireworks. LEARNED counsel submits that the shops are located in narrow streets and all the streets are adjacent to each other.