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Judgment
1.The petitioners, who are officer bearers of the
different ''Pooram'' Committees of different
areas/desoms connected with the ''Parrakkat Sree
Bhavagathi'' Temple, have approached this Court
seeking for a direction to be given to the
respondents to grant permission to the
petitioners to display ''fire works'' as requested
by them in Exts.P1 to P4 applications with
appropriate/reasonable restrictions in connection
with the festival in the ''Parrakkat Sree
Bhavagathi'' Temple (Kavasseri Pooram) organized
by the petitioners and scheduled to be conducted
on 7th, 8th, and 9th of April, 2017.
2.Heard Sri.K.Ramakumar, the learned Senior
counsel for the petitioners and Sri.T.K.Anantha
Krishnan, the learned Government Pleader
appearing for the respondents.
3.The sum and substance and the grievance
projected by the petitioners is that the
aforesaid festival is being conducted every year,
including the ''fire works display'' as part of it,
to please the deity, in conformity with all the
relevant rules, norms and regulations, without
giving any room for complaint/objections from any
corner. It is pointed out that, the petitioners
''Samithies'' are actively taking part in
conducting the Temple festival for the past
several decades and no untoward incident or any
adverse circumstance has occurred in the previous
years, in connection with the ''fire works
display''. All arrangements have been stated as
made in conformity with the statutory
requirements and in tune with the directions
issued by the competent authorities. It is also
pointed out that, the fire works display is
proposed to be conducted in a vast area of
vacant land and there is no building or dwelling
place anywhere near the locality.
4.Despite filing Exts.P1 to P4 applications, no
positive steps were taken by the respondents to
consider the same and pass appropriate orders, in
spite of the fact that the petitioners had
undertaken before the Tahasildar, Alathur, that
all the safety measures will be taken and
barricades will be erected at the place where the
display of ''fire works'' is proposed to be held,
to avoid any danger. The learned counsel for the
petitioners submits that the festival was being
conducted for more than a century, with display
of ''fire works'' and that the inaction on the part
of the respondents will be detrimental to public
interest, hurting the feelings of the devotees
and the public at large. The learned counsel
further submits that the Committees have already
given assurance that no prohibited items like
''dynamite'' or ''amittu'' which are likely to cause
danger to human life, will be used and that the
request is only to permit other types of fire
works to be displayed, subject to such
appropriate conditions to be imposed by the
competent authorities.
5.The learned counsel further submits that banning
the display of fire works will not be conducive
to public interest. The display of ''fire works''
is being done in the large areas of uninhabited
lands and paddy fields, which are not used in
summer. It is asserted that only authorized
crackers/fire works will be used and hence there
is no possibility of danger at all to human
beings or properties.
6.During the course of hearing, it is brought to
the notice of this Court, that the Apex Court had
occasion to deal with the situation in connection
with the ''Thrissur Pooram'' and an order was
passed on 26.03.2007, relaxing the standards to
the requisite extent in connection with the ''fire
works display'' as part of Temple festival.
Reference was also made to the verdict passed by
the Apex Court on an earlier occasion ie.,Noise
Pollution (V), in RE, Forum, Prevention of
Environmental & Sound Pollution vs. Union of
India & Anr . [2005(5) SCC 733]. It is pointed
out that, under similar circumstance, permission
has been granted by this Court as well, as
evidenced from Ext.P3, for carrying out the fire
works display, subject to appropriate conditions.
7.The learned Government Pleader submits on
instructions that, no untoward incidents have
been reported in the previous years and
permission was being granted subject to specific
conditions, to ensure safety and security.
8.Learned Senior Counsel appearing for the
petitioners submits that petitioners have already
assured and undertaken that no prohibited items
will be used in the fire works display and that
clearance need not be given in respect of such
items. It is also pointed out that sufficient
insurance coverage has been provided to meet any
eventuality.
9.After hearing both the sides, we find that the
Competent Authority could be directed to issue
necessary clearance for display of the ''fire
works'' in connection with the ''Parrakkat Sree
Bhavagathi'' Temple festival (Kavasseri Pooram),
based on Ext.P1 to P4 applications; except the
prohibited items as mentioned above and of
course, subject to the riders stipulated by the
Apex Court; which shall be at the risk of the
petitioners. It is open for the competent
authority to incorporate appropriate conditions
to safeguard the interest of all concerned and to
enable the display to be conducted with adequate
precautions. It is ordered accordingly.
10.It shall be ensured by the respondents that
safe distance be maintained between the place of
fire works display and the line upto which the
general public can be permitted to have access
and witness the event. Sufficient barricades
shall be provided ensuring the safety and
security. The place where the'' fire works'' are
to be stored and the place of display shall be
inspected by the Police, Revenue and Fire &
Rescue authorities under close surveillance.
Proof of having taken insurance coverage as
mentioned above shall be produced by the
petitioner before the Competent Authority, before
granting permission. It is open for the
authorities to ensure satisfaction of all the
relevant norms/conditions stipulated in the
''sanction'' to be given by the Competent
Authority. It shall also be ensured by the
authorities concerned, as to the course to be
pursued at time of fire works display, if at all
any electricity line is existing/passing through
the vicinity, with the support to be obtained
from the authorities of the Kerala State
Electricity Board Ltd.
Writ petition is disposed of accordingly.