IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6498 of 2008(W) ------------------------- CMA.37/2008 of ADDL.DISTRICT COURT, THRISSUR OS.435/2008 of III ADDL. M.C.,THRISSUR .................... PETITIONERS/DEFENDANTS 2 TO 6: 1. BRANCH OF M/S. SREE NARAYANA DHARMA SANGAM TRUST PERINGOTTUKARA SREE NARAYANA ASRAMAM P.O. PERINGOTTUKARA 680 565 (REPRESENTED HEREIN BY ITS SECRETARY SREEMAD SARWESARANANDA SWAMIKAL) 2. C.A.DASAN,VICE PRESIDENT AND SIVAGIRIMADOM NOMINEE, BRANCH OF M/S. SREE NARAYANA DHARMA SANGAM TRUST PERINGOTTUKARA SREE NARAYANA ASRAMAM P.O. PERINGOTTUKARA. 3. M/S.PERINGOTTUKARA SREE SOMASEKHARA KSHETHRAM UPDESAKASAMITHY (REPRESENTED HEREIN BY ITS CONVENER, PERINGOTTUKARA SREE SOMASEKHARA KSHETHRAM UPADESKASAMITHY, P.O.PERINGOTTUKARA) 4. THE CONVENER, M/S.PERINGOTTUKARA SREE SOMASEKHARA KSHETHRAM VADAKKUMBHAGAM VEDIKKETTU COMMITTEE, THANNYAM VILLAGE,THRISSUR TALUK P.O.PERINGOTTUKARA. 5. THE CONVENER, M/S.PERINGOTTUKARA SREE SOMASEKHARA KSHETHRAM VADAKKUMBHAGAM VEDIKKETTU COMMITTEE, THANNYAM VILLAGE,THRISSUR TALUK, P.O.PERINGOTTUKARA. BY ADV. SRI.M.AJAY RESPONDENTS/PLAINTIFFS 1 TO 8, DEFENDANTS 1, 7, 8 & STATE: 1. DIETY AT PERINGOTTUKARA SREE SOMASEKHARA TEMPLE (REPRESENTED HEREIN BY NEXT FRIEND WORSHIPER AND BELIEVER AND A LOCAL RESIDENT SAJAN) L.L.B,STUDENT, S/.O.RAJAN MANINGATH HOUSE, PERINGOTTUKARA DESOM, THANNYAM VILLAGE, THRISSUR TALUK. WP(C).No. 6498 of 2008 -2- 2. SAJAN, L.L.B,STUDENT, S/.O.RAJAN MANINGATH HOUSE,PERINGOTTUKARA DESOM, THANNYAM VILLAGE, THRISSUR TALUK. 3. SUNILKUMAR,S/O.CHANDRAPRAKASH MELEKAD HOUSE, CHOOLOOR DESOM, EDATHIRINJI VILLAGE P.O.,CHOOLOOR, KODUNGALLUR TALUK. 4. ARAVINDAKSHAN,S/O.BHASKARAN, KARAYAMUTTAM VEETTIL CHOOLUR DESOM, EDATHIRINJI VILLAGE KODUNGALLUR TALUK. 5. SUNEESH,S/O.SAGARAN, CHULLIPARAMBIL HOUSE,CHAZHOOR DESOM, VILLAGE THRISSUR TALUK. 6. GIRISH,S/O.GOPALAN, KAKANATT HOUSE CHAZHOOR DESOM, VILLAGE, THRISSUR TALUK. 7. KOCHUMON,S/O,.AYYAPPAN, KIZHAKKEPATTU HOUSE, CHOOLOOR DESOM EDATHIRINJI VILLAGE, KODUNGALLUR TALUK. 8. BIJU,S/O.KUNJIRAMAN, VALLOPPILLY HOUSE CHAZHOOR VILLAGE, DESOM, THRISSUR TALUK. 9. M/S. SREE NARAYANA DHARMA SANGAM TRUST REPRESENTED HEREIN BY ITS SECRETARY, SREE NARAYANA DHARMA SANGAM TRUST SIVAGIRI MADOM, P.O.,VARKALA, THIRUVANANTHAPURAM DISTRICT. 10. DISTRICT COLLECTOR, THRISSUR DISTRICT COLLECTORATE P.O.AYYANTHOLE 680003 11. THE ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE P.O.AYYANTHOLE 680003 12. THE STATE OF KERALA REPRESENTED BY ITS CHEIF SECRETARY THE SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU ADV.SRI.G.SREEKUMAR (CHELUR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6498 OF 2008 --------------------- Dated this the 26th day of February, 2008 JUDGMENT This writ petition is preferred against the order of the Additional District Judge, Thrissur, in IA 474/08 in CMA 37/08, whereby the said court declined to interfere with the order passed by the Munsiff, Thrissur, in IA 1566/08 in OS 435/08. By the said order the learned Munsiff granted an interim injunction as prayed for within 200 metres of temple or school. 2. Festival seasons in Kerala has begun and the public interest has also arisen to the level that litigations are free in the zone now. As far as Kerala is concerned, festivals of temples cannot be thought of without cracking of fire works. In yester years, the density of population was low and presence of huge buildings were rare and therefore difficult situations did not arise for such festivals. Now, the density of population has arisen to a very high rate and structures had come in galore, which almost makes impossible for people to have a breathing space in their area. When such is the situation, the feeling of the traditional firing of crackers WPC NO 6498/08 2 and the modern anxiety of danger that is caused to the public at large evokes consideration at the hands of the courts. 3. The present dispute is with respect to the festival relating to a famous temple namely Sree Somasekhara Kshetram, Peringottukara. As usual, an application was moved for granting permission to fire cracking. It cannot be forgotten that in the previous year an unfortunate incident took place whereby a life was lost and about 18 persons were injured in that fire accident. It is the need of the Government Administration, Court and Society to see that such unfortunate incidents do not occur on account of the carelessness or violation of the rules of law. The authorities had considered and issued Ext.P13 a no objection certificate to crack fire works between 6 p.m. and 6.30 p.m. on 26.2.08. The conditions attached to Ext.P13 are as follows: (1) The display should be limited to the centre of the ground. (2) Fire works should be stored in the temporary shed specifically made with Asbestos/Tin sheet outside 200 metres of the area of display. (3) Authorised chemicals alone should be used for the WPC NO 6498/08 3 manufacture of fire works. (4) Spectators should be kept 200 metres away from the display site etc. 4. Dissatisfied with such conditions, it appears the present plaintiffs moved a suit earlier and had obtained an injunction. The authorities had taken note of the situation and had issued the no objection certificate. When the matter come up for consideration before this court yesterday, I directed the learned Government Pleader to obtain a report from the District Collector regarding the subject matter. A report is filed that after due enquiry with all concerned, the no objection certificate had been issued and meticulous compliance of the said conditions in the no objection certificate is necessary as well. One of the conditions is to restrict the spectators from coming within 200 metres of display site. But the report would show that the district administration has not given any undertaking that it will keep the spectators away by 200 metres facilitating the applicants to conduct the display. True, the basic responsibility is with the persons who are doing it. But it is the equal concern of the State to see that no untoward incident happens and it is only with the help of the law enforcing machinery, people can be WPC NO 6498/08 4 kept away at a distance of 200 metres before the actual conduct of the display. Therefore I direct the Government Administration to take adequate measures with the help of the persons conducting the festival to keep the spectators away at a reasonable distance of 200 metres from the place of cracking and permission shall be granted to set fire only after it is satisfied that the said conditions are scrupulously followed and meticulously carried out so that the untoward incident on that account shall not occur. 5. Learned counsel for the respondents would submit that as per the ruling of the Apex court, 100 metres surrounding the temple is a silence zone and therefore it has to be preserved. One has to understand that when a temple and its premises are situated in such a way and a festival is conducted by the temple for the spectators to come, worship and enjoy as observed by the Supreme Court in the clarificatory order issued on 26.3.07 with respect to the Thrissur Pooram some relaxation has to be made. If there is sufficient space then meticulously and scrupulously one can work it out but when it is less and when the festival is on the anvil and it is on the last day where the court has to pass an order, then certainly, the court shall have to relax little bit and the NOC issued by the WPC NO 6498/08 5 authorities would pin point the same. Therefore I dispose of the writ petition with the above directions with a meticulous direction to the persons in charge of conducting the festival as well as the Government Administration to see that the people do not come near the prohibited distance where the cracker is fired and that the reasonable distance of 200 meters imposed by the authorities, while issuing the NOC, is meticulously followed. I also appeal to the plaintiff who has instituted the suit, to render necessary co-operation for the smooth conduct of the festival without creating any chaos and confusion so that the temple festival can start and end well. Exts. P7 and P15 orders will stand modified to this extend. Issue copies to the learned counsel for the petitioners, respondents and the learned Government Pleader. M.N.KRISHNAN, JUDGE vps WPC NO 6498/08 6 WPC NO 6498/08 7 WPC NO 6498/08 8