Kerala High Court
WP(C)/35592/2019 of ST.SEBASTIAN CHURCH Vs STATE OF KERALA on 31 December 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 WP(C).No.35592 OF 2019(Y) PETITIONER/S: ST.SEBASTIAN CHURCH, CHITTATTUKARA, THRISSUR DISTRICT-680511, REPRESENTED BY ITS MANAGING TRUSTEE, SHAJI, AGED
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
WP(C).No.35592 OF 2019(Y)
PETITIONER/S:
ST.SEBASTIAN CHURCH, CHITTATTUKARA, THRISSUR DISTRICT-680511, REPRESENTED BY ITS MANAGING TRUSTEE, SHAJI, AGED 48 YEARS, S/O.JOSE, THAIKKATTIL HOUSE, ELAVALLY P O, THRISSUR DISTRICT-680511.
BY ADVS.SRI.RAJITSRI.C.DHEERAJ RAJAN
RESPONDENT/S:
1STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2THE DISTRICT COLLECTOR,THRISSUR-680001.
3THE ADDITIONAL DISTRICT MAGISTRATE,THRISSUR-680001.
4THE DISTRICT POLICE CHIEF (CITY), THRISSUR-680001.
5THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, KOCHI-682037.KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, KOCHI-682037.
6THE PAVARATTY GRAMA PANCHYATREPRESENTED BY THE SECRETARY, PAVARATTY, THRISSUR-680507.REPRESENTED BY THE SECRETARY, PAVARATTY, THRISSUR-680507.
7THE SUB INSPECTOR OF POLICE,PAVARATTY, THRISSUR-680507.680507.
8THE ASSISTANT DIVISIONAL OFFICER(FIRE AND RESCUE SERVICES) THRISSUR-1,(FIRE AND RESCUE SERVICES) THRISSUR-1, 9THE TAHSILDAR,CHAVAKKAD, THRISSUR-680506.
SMT. PRINCY XAVIER-- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 31st day of December 2019
This writ petition is filed seeking the following reliefs:
(i) Issue a writ in the nature of mandamus or any other appropriate, order ordirection commanding the 2[nd] respondent to issue licence in Form LE-5 asevidenced in exhibit P1 so as to enable the petitioner to conduct publicdisplay of fireworks on 4.1.2020 to 7.1.2020 in connection with the'Kambidi thirunal' festival, subject to any conditions to be prescribed forthe same;
(ii) Issue a writ in the nature of mandamus or any other appropriate, orderor direction commanding the 2[nd] respondent to consider Ext P1 applicationand grant license as sought for.
2. The petitioner has averred in the writ petition that he is the managing trustee of the St.SebastianChurch, Chittattukara, Thrissur. The Church has beenconducting the 'thirunal ' of the Church with fireworksfrom time immemorial.
3. It is further averred that the Church has a valid licence for keeping 15 Kg of fireworks, which is beingrenewed from time to time. The 'Kambidi thirunal' isproposed to be conducted from 4.1.2020 to 7.1.2020.
4. The petitioner has also asserted that every yearthe fireworks are conducted after strict verification, andunder the strict surveillance of the District Police Chiefas well as the Executive Magistrate.
5. According to the petitioner, it has submitted ExtP1 application before the seventh respondent with all the supporting documents, including the site plan,representation and the consent letters, to conductfireworks. However, no action has been taken on Ext P1application, though it was submitted as early as on1.11.2019.
6. The petition has further asserted that it hasbeen informally informed that neither the DistrictCollector nor the Additional District Magistrate wouldgrant permission for display of fireworks.
7. The petitioner has relied on Ext P2 judgmentpassed in a similar circumstance, where this Courtpermitted St.Joseph Parish Shrine, Pavaratty, to conduct the fireworks from 10.5.2019 to 12.5.2019. Thepetitioner seeks for a similar benefit as granted in Ext P2judgment, particularly because of the inaction on the partof the respondents 2 and 3 in considering Ext P1application.
8. Heard Sri.Rajit, the learned counsel for thepetitioner and the learned Government Pleader for therespondents.
Heard Sri.Rajit, the learned counsel for the
9. Having regard to the fact that this Court by ExtP2 judgment directed the third respondent in Ext P2 totake up the application made by the petitioner therein,and permit to conduct the fireworks for its 'Thirunal'festival, I am of the opinion that the same benefit has tobe given to the petitioner in this writ petition to conductthe fireworks for its 'Kambidi Thirunal' for the periodfrom 4.1.2020 to 7.1.2020.
10. In the result, I direct the respondents 2 and 3 toconsider and pass appropriate orders on Ext P1
1
application submitted by the petitioner, as expeditiously as possible, at any rate within threedays from the date of receipt of a copy of thisjudgment, keeping in mind the directions contained in Ext P2 judgment stipulating the manner in which thefireworks are to be conducted.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS
WP(C) 35592/2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 7TH RESPONDENT.
EXHIBIT P2THE TRUE COPY OF THE JUDGMENT DATED 07.05.2019 IN WPC.13108/2019.