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Babu George

High Court Of Kerala|29 October, 2014
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JUDGMENT / ORDER

The petitioner is a resident near to the 4th respondent Church. The complaint of the petitioner is that the Church is proposed to use fire crackers and Kadina for the purpose of Palli Perunnalu on 9th and 10th of November, 2014. This is an annual event. This writ petition is filed commanding the official respondent to take action to ensure that no fire crackers in Palli Perunnalu is used by the 4th respondent without obtaining any licence under the Explosives Act or under any other relevant rules. The learned counsel for the 4th respondent submits that they have approached the District Magistrate, Pathanamthitta for the purpose of obtaining permission to permit fire explosives and they will use any fire crackers only in accordance with the permission granted by the District Magistrate based on their application. The learned Govt.Pleader submits that if the application submitted is proper and will consider in
WP(C).No.20962/2014-U.
2 accordance with law by the District Magistrate. In view of the above, there shall a direction to the District Magistrate, Pathanamthitta to hear the objections of the petitioner also as the petitioner has a grievance that any use of explosive is nuisance to him and also likelihood of causing damage to the petitioner. However, if no permission is granted to the 4th respondent in using any explosive, the respondents 1 and 2 shall ensure that the 4th respondent shall not use any explosive for the Palli Perunnalu for this year. The District Magistrate shall take up the application submitted by the 4th respondent on 4.11.2014. In view of the above separate notice not necessary. The petitioner and the 4th respondent shall appear before the District Magistrate on 4.11.2014 at 11.00 am. The learned Government Pleader shall convey this to the District Magistrate, Pathanamthitta.
This writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, (Judge)
Kvs/-
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Title

Babu George

Court

High Court Of Kerala

JudgmentDate
29 October, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri George Poonthottam