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Judgment
P.V.Kunhikrishnan, J
These five writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment.
Petitioners in these cases are the office bearers of Anthimahakalan Kavu Vela Committee, Chelakkara. The petitioners submitted applications for grant of licence for public display of fireworks in connection with the festival of Anthimahakalankavu Temple. The public display of fireworks is proposed to be conducted on 25th and 26th March, 2023. The applications submitted by the petitioners for fireworks display is Ext.P1 in these writ petitions, which is rejected by Ext.P6 in these cases. According to the petitioners, in similar circumstances, this Court passed Exts.P7 to P9 orders and Ext.P14 is the latest order passed by this Court in this year in W.P.(C). No.8036/2023. Hence it is submitted that a similar order may be passed.
Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned
Since similar orders are passed by this Court as evident by Exts.P7 to P9 and P14, such an order can be passed in these cases also. It is true that Exts.P12 and P13 circulars are challenged in these cases. Since those circulars are challenged in W.P.(C). No.8036/2023, that question is left open.
A perusal of Ext.P7 will show that this Court issued directions on condition that the petitioner in that case satisfies the conditions mentioned in that case and undertakes to comply with all requisite conditions in LE-6 licence for fireworks display. A same order can be passed in these cases. Therefore, these writ petitions are disposed of in the following manner:
Ext.P6 in these writ petitions are set aside.
The 3rd respondent is directed to reconsider the matter and grant fireworks display on stringent conditions and also getting an undertaking to comply with all requisite conditions in LE-6 licence for fireworks display and provide temporary portable magazine. Necessary orders shall be passed in two days in the light of Exts.P7 to P9 and P14 orders of this Court. The petitioners will appear before the 3rd respondent along with a copy of this judgment with necessary documents on 24.03.2023 at 11 am. The 3rd respondent is free to impose conditions while allowing fireworks.
Petroleum And Explosives Safety Organisation (PESO) and the Police Department will supervise the entire fireworks and issue necessary directions also, if necessary.
I make it clear that if the petitioners refused or failed to comply with the conditions and directions of the statutory authorities, the 3rd respondent is free to pass appropriate orders in accordance with law.
