Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 WP(C) NO. 6274 OF 2023 PETITIONER: V. SURESHKUMAR AGED 49 YEARS S/O SETHUMADHAVAN, VAKKADA HOUSE, KUMARANELLUR P.O THRISSUR, PIN- 680590 TREASURER, SREE RUDHIRAMAHAKALIKAVU POORAM ENKAKAD DESOM THRISSUR- 680589, PIN - 680589 BY ADV L.RAJESH NARAYAN RESPONDENTS:
1 DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR- 680 003, PIN - 680003 2 DISTRICT POLICE CHIEF THRISSUR- 680 003, PIN - 680003 3 ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE CIVIL STATION, THRISSUR- 680 003, PIN - 4 TAHSILDAR THALAPPILLY TALUK, THRISSUR- 680 003, PIN - 680003 5 VILLAGE OFFICER ENKAKAD VILLAGE, THRISSUR- 680 003, PIN - 680003 6 SECRETARY DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN NEW DELHI- 110011, PIN - 110011 7 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO) KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- 682 037, PIN - GP - SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023, ALONG WITH WP(C).6353/2023, 6367/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 WP(C) NO. 6353 OF 2023 PETITIONER: T G ASOKAN AGED 71 YEARS S/O T.V GOVINDAN, ANUPAMA, NEAR GIRLS H.S WADAKANCHERY, THRISSUR, PIN- 680582 PRESIDENT, UTHRALIKKAVU TEMPLE VELA WADAKANCHERY DESAM, COMMITTEE, PIN - 680582 BY ADV L.RAJESH NARAYAN RESPONDENTS:
1 DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR- 680 003, PIN - 680003 2 DISTRICT POLICE CHIEF THRISSUR- 680 003, PIN - 680003 3 ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE CIVIL STATION, THRISSUR- 680 003, PIN - 4 TAHSILDAR THALAPPILLY TALUK, THRISSUR- 680 003, PIN - 680003 5 VILLAGE OFFICER ENKAKAD VILLAGE, THRISSUR- 680 003, PIN - 680003 6 SECRETARY DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN NEW DELHI- 110011, PIN - 110011 7 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO) KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- 682 037, PIN - BY G.P., SRI. SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023, ALONG WITH WP(C).6274/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 WP(C) NO. 6367 OF 2023 PETITIONER: KRISHNAKUMAR K.K AGED 49 YEARS S/O KUNJIKRISHNAN PANICKER, KALARIKKAL PYNKULAM PYNKULAM, CHERUTHURUTHY, THRISSUR-679531 SECRETARY, VAZHALIKAVU DEVASWAM, PIN - 679531 BY ADV L.RAJESH NARAYAN RESPONDENTS:
1 DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR- 680 003, PIN - 680003 2 REVENUE DIVISIONAL OFFICER FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR- 680 003, PIN - 680003 3 ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE CIVIL STATION, THRISSUR -680003, PIN - 4 DISTRICT POLICE CHIEF, THRISSUR (CITY) RAMAVARMAPURAM ROAD, MANNUMKAD, RAMAVARMAPURAM, THRISSUR-680631, PIN - 680631 5 SECRETARY DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI- 110011, PIN - 110011 6 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO) KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- 682 037, PIN - 682037 BY G.P., SRI.SYAMANTHAK B.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2023, ALONG WITH WP(C).6274/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 WP(C) NO. 6531 OF 2023 PETITIONER: K. SREENIVASAN AGED 57 YEARS S/O KESAVAN, "NIVEDHYAM" PADUR P.O KAVASSERY VIA, ALATHUR, PALAKKAD- 678543, PIN - 678543 BY ADV L.RAJESH NARAYAN RESPONDENTS:
1 DISTRICT COLLECTOR KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA 678013, PIN - 678013 2 REVENUE DIVISIONAL OFFICER PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD, KERALA 678 001, PIN - 678001 3 ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE CIVIL STATION, PALAKKAD -678 001, PIN - 678001 4 SECRETARY DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI- 110011, PIN - 110011 5 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION(PESO) KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- 682 037, PIN - 682037 BY ADV MANU S. DSG OF INDIA G.P., SRI. SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023, ALONG WITH WP(C).6274/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM , J.
=========================== ============================ Dated this the 31st day of March, 2023
JUDGMENT
In the light of the interim orders, the writ petitions are closed leaving open all contentions of both sides. Sd/- VIJU ABRAHAM JUDGE sbk/- APPENDIX OF WP(C) 6353/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPLICATION FORM DATED 30.12.2022 Exhibit P-2 TRUE COPY OF THE LICENSE ISSUED IN FORM 20 DATED 30.10.03 TO SRI. K.GOPALAN Exhibit P-3 TRUE COPY OF THE PROCEEDINGS DCPKD/10832/2020-D3 DATED 23.4.2021 Exhibit P-4 TRUE COPY OF THE SITE PLAN FOR THE CONDUCT OF FIRE WORKS DISPLAY Exhibit P-5 TRUE COPY OF THE SITE EMERGENCY PLAN Exhibit P-6 TRUE COPY OF THE AFFIDAVIT COUNTERSIGNED BY THE VILLAGE OFFICER ON 16.1.23 Exhibit P-7 TRUE COPY OF THE INSURANCE POLICY DATED 16.2.2023 Exhibit P8 TRUE COPY OF THE LICENSE IN FORM LE-3 FOR THE MAGAZINE DATED 10.5.2022 Exhibit P-9 TRUE COPY OF THE RELEVANT PAGES OF THE DISASTER MANAGEMENT PLAN DATED 20.2.2019 Exhibit P-10 TRUE COPY OF THE RELEVANT PAGES OF THE QUANTITATIVE RISK ASSESSMENT PLAN DATED 20.2.2019 Exhibit P-11 TRUE COPY OF THE LICENSE DATED 6.3.2019 ISSUED BY THE 7TH RESPONDENT Exhibit P-12 TRUE COPY OF THE REPORT NO. 29/2023 DATED 16.01.2023 OF THE 5TH RESPONDENT Exhibit P-13 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO. G5-1130/2023 DATED 15.02.2023 OF THE SECRETARY, VADAKKANCHERY NAGARASABHA Exhibit P-14 TRUE COPY OF THE ORDER DATED 17.2.2023 NO.DCTSR/50/2023/C6 Exhibit P-15 TRUE COPY OF THE ORDER DATED 28.2.2022 IN WPC NO.6673/2022 Exhibit P-16 TRUE COPY OF THE ORDER DATED 8.4.2022 IN WPC NO.13313/2022 Exhibit P-17 TRUE COPY OF THE INTERIM ORDER DATED 21.2.2023 IN WPC NO.5795/2023 APPENDIX OF WP(C) 6367/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FORM SUBMITTED BY THE PETITIONER IN FORM AE-6 DATED 29.11.2022 Exhibit P2 TRUE COPY OF THE LICENSE ISSUED IN FORM NO. 20 ISSUED TO SRI GANGADHARAN DATED 17.8.98 Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.DCPKD/1991/2020-D3 DATED 16.12.2021 Exhibit P4 TRUE COPY OF THE SITE PLAN FOR THE CONDUCT OF FIRE WORKS DISPLAY ON 24 AND 25TH OF FEBRUARY Exhibit P5 TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, PANJAL-PAINKULAM NO.10/23 DATED 16.1.23 TO THE TAHSILDAR, THALAPPILLY Exhibit P6 TRUE COPY OF THE INSURANCE POLICY DATED 23.2.2023 Exhibit P7 TRUE COPY OF THE ORDER DATED 22.2.2023 NO. DCTSR/13164/2022/C6 Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C) NO.5261/2020 Exhibit P9 TRUE COPY OF THE ORDER DATED 28.2.2022 IN WPC NO.6673/2022 Exhibit P10 TRUE COPY OF THE ORDER DATED 8.4.2022 IN WPC NO.13313/2022 Exhibit P11 TRUE COPY OF THE INTERIM ORDER IN WPC NO.3670/2023 DATED 9.2.2023 Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 21.2.2023 IN WPC NO.5795/2023 RESPONDENT ANNEXURES Annexure R5(b) True copy of the letter dated 01.02.2023 issued by Dy. Chief Controller of Explosives Annexure R5(a) True copy of the revised directives issued by the Ministry of Commerce and Industry in the year 2017 Annexure R5(c) True copy of the GSR 17(E) dated 09.01.2019 published in Gazette of India - Extraordinary APPENDIX OF WP(C) 6531/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPLICATION FORM NO. AE- 6 SUBMITTED BY THE PETITIONER Exhibit P-2 TRUE COPY OF THE PROCEEDINGS DCPKD/10832/2020-D3 DATED 23.4.2021 Exhibit P-3 TRUE COPY OF THE ON SITE EMERGENCY PLAN FOR THE CONDUCT OF FIRE WORKS DISPLAY ON 24.2.2023 Exhibit P-4 TRUE COPY OF THE ON SITE PLAN FOR THE CONDUCT OF FIRE WORKS DISPLAY ON 25.2.2023 Exhibit P-5 TRUE COPY OF THE INSURANCE POLICY DATED 22.12.2022 Exhibit P-6 TRUE COPY OF THE ORDER DATED 23.02.2023 NO.DCPKD/133/2023/D3 Exhibit P-7 TRUE COPY OF THE JUDGMENT DATED 24.2.2020 IN W.P (C) NO.5261/2020 Exhibit P-8 TRUE COPY OF THE ORDER DATED 28.2.2022 IN WPC NO.6673/2022 Exhibit P-9 TRUE COPY OF THE ORDER DATED 8.4.2022 IN WPC NO.13313/2022 Exhibit P-10 TRUE COPY OF THE INTERIM ORDER IN WPC NO.3670/2023 DATED 9.2.2023 Exhibit P-11 TRUE COPY OF THE INTERIM ORDER DATED 21.2.2023 IN WPC NO.5795/2023 Annexure R4(a) True copy of the revised directives issued in the year 2017 Annexure R4(b) True copy of the said letter dated 01.02.2023 issued to the District Magistrate Annexure R4(c) True copy of the GSR dated 09.01.2019 APPENDIX OF WP(C) 6274/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FORM DATED 27.12.2022 Exhibit P-2 TRUE COPY OF THE LICENSE ISSUED IN FORM 20 DATED 11.8.98 TO SRI. C.GANGADHARAN Exhibit P-3 TRUE COPY OF THE PROCEEDINGS DCPKD/1991/2020-D3 DATED 16.12.2021 Exhibit P-4 TRUE COPY OF THE SITE PLAN FOR THE CONDUCT OF FIRE WORKS DISPLAY Exhibit P-5 TRUE COPY OF THE SITE EMERGENCY PLAN Exhibit P-6 TRUE COPY OF THE AFFIDAVIT COUNTERSIGNED BY THE VILLAGE OFFICER ON 16.1.23 Exhibit P-7 TRUE COPY OF THE INSURANCE POLICY DATED 16.2.2023 Exhibit P-8 TRUE COPY OF THE LICENSE IN FORM LE-3 FOR THE MAGAZINE DATED 10.5.2022 Exhibit P-9 TRUE COPY OF THE RELEVANT PAGES OF THE DISASTER MANAGEMENT PLAN DATED 20.2.2019 Exhibit P-10 TRUE COPY OF THE RELEVANT PAGES OF THE QUANTITATIVE RISK ASSESSMENT PLAN DATED 20.2.2019 Exhibit P-11 TRUE COPY OF THE LICENSE DATED 6.3.2019 ISSUED BY THE 7TH RESPONDENT Exhibit P12 TRUE COPY OF THE REPORT NO. 28/2023 DATED 16.01.2023 OF THE 5TH RESPONDENT Exhibit P-13 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO. G5-1130/2023 DATED 15.02.2023 OF THE SECRETARY, VADAKKANCHERY NAGARASABHA Exhibit P-14 TRUE COPY OF THE ORDER DATED 17.2.2023 NO.DCTSR/14219/2022/C6 Exhibit P-15 TRUE COPY OF THE ORDER DATED 28.2.2022 IN WPC NO.6673/2022 Exhibit P-16 TRUE COPY OF THE ORDER DATED 8.4.2022 IN WPC NO.13313/2022