High Court Kerala High Court

Suresh Babu.P. vs The District Collector on 27 February, 2008

Kerala High Court
Suresh Babu.P. vs The District Collector on 27 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6357 of 2008(F)


1. SURESH BABU.P., S/O.PRABHAKARAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, PATHANAMTHITTA.
                       ...       Respondent

2. THE R.D.O, ADOOR.

3. THE SUB INSPECTOR OF POLICE,

4. PUTHIYA KAVU DEVI TEMPLE, MANNADI,

5. RAVINDRAN, S/O.NEELAKANDAN NAIR,

                For Petitioner  :SRI.M.R.SASITH PANICKER

                For Respondent  :SRI.  K.SHAJ

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/02/2008

 O R D E R
                          ANTONY DOMINIC, J.

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                               No. 6357 OF 2008 f
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                 Dated this the 27th February, 2008

                             J U D G M E N T

In this writ petition the main complaint of the writ petitioner is

that respondents 1 to 3 shall not conduct any fire work display

otherwise than in accordance with the provisions contained in the

Explosives Rules, the Supreme Court judgment reported in Re-noise

Pollution {(2005) 3 ILR 675} and also Ext. P12 circular issued by the

Director General of Police. Counsel appearing for the 5th respondent

submits that what is now described as a display of fire works by the

petitioner is only a vazhipadu and that such vazhipadu does not

come within the restrictions of the aforesaid rule, circular or the

judgment. It is also submitted by the learned counsel that if at all

there is any fire works that will only in compliance with the statutory

provisions, Ext. P12 circular and the judgment of the Apex Court.

This submission made by the learned counsel for the 5th respondent

should redress the grievance of the writ petitioner substantially.

W.P.(C) No. 6357 OF 2008 -2-

2. If it is only a vazhipadu as stated by the learned counsel,

the petitioner cannot have any grievance as it is a common thing in

all temples.

3. Accordingly, I dispose of this writ petition directing that in

the event the 5th respondent resorts to any display of fire works that

shall only be on the strength of a licence issued under the

Explosives Rules, and in terms of Ext. P12 circular issued by the

Director General of Police.

ANTONY DOMINIC
JUDGE
jan/-