IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 3621 of 2010(C) -------------------------------------- PETITIONER(S): ------------------------- MR.A.G.RAVINDRAN, S/O.JAGADEESAN, AGED 66 YEARS, RESIDING AT ALAYIL HOUSE, S.N.PURAM, KOTHAPARAMBU P.O., KODUNGALLOOR -680 668. BY ADV. MR.S.R.DAYANANDA PRABHU RESPONDENT(S): --------------------------- 1. COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR, REP.BY ITS SECRETARY. 2. SPECIAL DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR. 3. THE DEVASWOM MANAGER, SREE KURUMBA BHAGAVATHI TEMPLE, KODUNGALLOOR. 4. ADDITIONAL DISTRICT MAGISTRATE THRISSUR. 5. LAND REVENUE COMMISSIONER, THIRUVNANTHAPURAM. R1 TO R3 BY ADV. MR.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B R4 & R5 BY SR. GOVERNMENT PLEADER MR. R. LAKSHMI NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3621 of 2010-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of February, 2010. Judgment Thottathil B.Radhakrishnan, J. 1.The petitioner was the successful bidder for the current year for the 'Vedi vazhipadu' of Sree Kurumba Bhagavathy Temple in Kodungallur. However, the statutory authority refused him licence under the legislations relating to explosives. He has filed an appeal before the Land Revenue Commissioner. It is ordered that the said appeal would be considered and disposed of in accordance with law at the earliest. 2.However, as of now, on the request of the Devaswom, the Additional District Magistrate has granted licence to the Devaswom for storage of WPC3621/10 -: 2 :- the explosives. Therefore, a person who has a short fire licence will be entitled to operate utilising those explosives. Hence, we order that the auction already effected will stand cancelled and the Devaswom will notify fresh auction since the earlier notification was stayed and with the passage of time, it is not advisable to reopen that. The Devaswom will be entitled to make necessary modifications as may be required with the changed facts and circumstances. 3.We find that certain directions were issued at the stage of admission essentially to ensure that the environment is properly protected without impermissible sound pollution. Taking the overall facts and circumstances, we direct that the Government would be entitled to look into the matter in consultation with the authorities under the different pollution laws, as also the Devaswom authorities and issue necessary instructions and guidelines to contain large scale explosive noise which may go beyond the WPC3621/10 -: 3 :- permissible limits in terms of the environmental laws. The writ petition is ordered as above. Sd/- Thottathil B.Radhakrishnan, Judge. Sd/- P.S.Gopinathan, Judge. Sha/2302 -true copy- P.S.to Judge.